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HomeMy WebLinkAbout2012-02-15 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM #� DATE 2/15/12 PREPARED BY Community Development John McCool ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST 1) Consider approving the 2012 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' 2012 mining permit with a variance to mining operation hours. ADVISORY COMMISSION ACTION: DATE REVIEWED APPROVED DENIED ® PLANNING 1/23/12 ❑ ® ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 1/27/12 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 1/23/12 Planning Commission Minutes ADMINISTRATORS COMMENTS rj City Administrator Date ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: January 27, 2012 RE: Aggregate Industries Annual Mining Permit — Nelson Mine Proposal Aggregate Industries — North Central Region, Inc. has submitted their annual mining permit ap- plication to continue mining and processing aggregate materials in the Nelson Mine located at 11250 Grey Cloud Trail. The 2012 mining operations plan proposes the following: • Mining and processing approximately 700,000 tons of aggregate materials. • No tree or brush clearing proposed in 2012. • Stripping of topsoil material will be conducted in an area of approximately 11 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. l� r t Nelson Mine 11250 Grey Cloud Island N �r Location Map i A copy of Aggregate Industries — Nelson Plant 2012 Mining Permit Operation Plan is attached. Honorable Mayor, City Council, and Ryan Schroeder Aggregate Industries Annual Mining Permit January 27, 2012 Page 2 of 5 The Planning Commission reviewed the proposed mining permit application at their meeting on January 23, 2012. 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 (6 -to -0 vote) to grant a variance that allows mining to operate 24 hours per day, seven days per week and approval of the 2012 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 that must be reviewed by the Planning Commission within 60 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 patterns 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. Background 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 included in the applicant's 2012 Mining Permit application. With some exceptions, the proposed 2012 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 January 27, 2012 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 de- sanding 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 2012 Operation Plan does not propose to remove any trees or brush. Stripping topsoil will be conducted in an area that is approximately 11 acres. Loaders, scrapers, and haul trucks will stock- pile this material for later reclamation or immediately placed on a reclaimed area. The area where stripping topsoil is proposed to occur is north and west of the current dredge location. AGtL ME woIWII" -[ Kert ANk 2012 OPERATIONS PLAN 0 1,250 2.500 01— WMI'l c�cvE. v;ASxwra� coven u r !e/ if_, rtFC+:. Feet n+u,rr•:ce Honorable Mayor, City Council, and Ryan Schroeder Aggregate Industries Annual Mining Permit January 27, 2012 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 reasonable 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 during their 2012 operations, but is interested in mining these areas sometime in the future. Be- cause 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 Engineering to provide consulting services to prepare an EIS that complies with State environmental rules and the National Environmental Policy Act. The draft EIS document was scheduled to be completed in 2011, but the applicant is evaluating whether or not to proceed with this project. If the preparation of the EAW proceeds, the Planning Commission will have the opportunity to review the document. The City's review of their 2012 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 east and south areas of the mine areas. 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. In 2010, 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' will continue 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. Addi- tional rigid mesh tubes and /or deer fencing may be installed to protect seedlings. Additional acorns will be collected in the fall and the final three groves will be planted if watering and additional herbi- vory 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 update 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. In 2011, Aggregate Industry watered the tree saplings twice a week with ten gallons per tree, sprayed for tent caterpillars, installed time release fertilizer spikes for 60 oak saplings, removed Honorable Mayor, City Council, and Ryan Schroeder Aggregate Industries Annual Mining Permit January 27, 2012 Page 5 of 5 sumac from Groves 1 through 3, and installed double - walled deer fencing for three new groves. Sixty -three oak saplings were planted in Groves 4 through 6. Mulch, fertilizer, and watering were performed for the new tree saplings. Aggregate Industries' summary report through January 2012 is attached. 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 of the recorded his- toric sites were completed in 2009 and 2010. The results of these surveys and reports concluded that Aggregate Industries can proceed with future mining operations. Meeting Notices A meeting notice was mailed to 15 property owners who are within a half -mile of the mine. These notices were mailed on January 11, 2012. Recommendation 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. 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Schilling Phone: (651) 361 -6440 Address: 2565 Walnut Street Roseville MN 55113 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 2012 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 2012 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. Aggrega Industries — North Central Region, Inc. By: / Dated: - Its: /a City of Cottage Grove 2012 Annual Mining Permit Application Page 2 .. Its: Acknowledgment and signature: PAS Associates, LTD, as Landowner, hereby consents to the mine plan of operation for the year 2012 as represented by Aggregate Industries North Central Region, Inc. S ci es, LTD 'fir Dated: 00 r c� � , / TABLE OF CONTENTS 2012 Nelson Mine Plan (Ordinance & Response Narrative) & 2012 Operations Plan Map Attachments: Mining Plan (by B.B. Chapman, 1985) Harbor Island (Concept Plan, 2000) Oak Savanna Reclamation Plan (Rev. 9 -3 -10) Bond - City of Cottage Grove Certificates of Insurance (City of Cottage & PAS Associates) q! 11111j� 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 1 /4, SE 1/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail W %2, SE 1 /4, Section 31, Township 27, Range 21 E %2, NE 1 /4, NW 1 /4, Section 31, Township 27, Range 21, South along Grey Cloud Trail W1/2, NE 1 /4, NW 1 /4, Section 31, Township 27, Range 21, South along Grey Cloud Trail NW 1 /4, NW 1 /4, Section 31, Township 27, Range 21 S 1 /2, NW 1 /4, Section 31, Township 27, Range 21 E %2, SW 1 /4, Section 31, Township 27, Range 21 Lot 1, Section 31, Township 27, Range 21 N 1 /2, NE 1 /4, Section 36, Township 27, Range 22 S %2, NE 1 /4, Section 36, Township 27, Range 22 N 1 /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 1 /4, SW 1 /4, Section 25, Township 27, Range 22 NE 1 /4, NW 1 /4, Section 36, Township 27, Range 22 S 1 /2, NW 1 /4, Section 36, Township 27, Range 22 NW 1 /4, SW 1 /4, Section 36, Township 27, Range 22 N %2, SW 1 /4, SW 1 /4, Section 25, Township 27, Range 22 S %2, SW 1 /4, SW, 1 /4, Section 25, Township 27, Range 22 NW 1 /4, NW 1 /4, Section 36, Township 27, Range 22 NW 1 /4, SW 1 /4, Section 36, Township 27, Range 22 N %2, NE 1 /4, Section 35, Township 27, Range 22 S 1 /2, 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 1 /2, NW 1 /4, Section 5, Township 26, Range 21 Lot 4, Section 5, Township 26, Range 21 Lot 3, Section 5, Township 26, Range 21 N 1 /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 1 /4 SW 1 /4 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 Neighbors Aggregate Industries Aggregate Industries Aggregate Industries Appert, John & Julie Brown, Dave & Kathy Boggie, Patricia Christopherson, William Hale, Rod & Mary Katter, Katarina Kartarik, Betty Kulvich, Jean LaChapelle, Nanette Madsen, Fred Maloney, Ryan & Kate Wald, Gene & Margaret 12073 Grey Cloud Trail 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 15 -20 years. These estimates are based on current information only and are subject to market trends, geologic variations and the expansion of reserves, as additional exploration occurs. (f) Ordinance: The highways, streets, or other public roads within the city that the materials will be transported on. Response: In 2011, approximately 600,000 tons of aggregate were transported by barge up the Mississippi River to distribution yards in St. Paul and Minneapolis. In addition, roughly 20,000 tons were transported by truck on Grey Cloud Trail to 103 Street, east to Hadley Avenue, north to 100 Street, then to U.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: No trees will be removed in 2012. (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 11 acres in the area identified on the 2012 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 2012 Operations Plan The combined depth of topsoil and overburden averages between 2 and 5 feet. 3 The Company has 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 In addition, personnel from the Office of the State Archaeologist's office and Aggregate Industries marked a 50 -foot boundary around the perimeter of the Burial Mound Group 21 WA9_ Future mining activities will be conducted outside these 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 2012 Operations Plan (g -4) Ordinance: Extraction operations, including location of proposed drilling, blasting, loading, de- watering, proposed pit depths and cross section typical of pit area and slope bank. Response: Mining will proceed in the area depicted on the 2012 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 2012. (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. Response: The proposed extraction area is identified as "Mining" on the 2012 Operations Plan Mining on the main island will continue to proceed in a westward direction. Currently, the estimated life of the mine is approximately 15 to 20 years. The City, the Corps of Engineers and the Company are currently in the process of preparing an Environmental Impact Statement for mining the backwaters adjacent to the main island. The addition of underwater mining would add approximately 25 years to the life of the mine. 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 Mining Plan by B.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 2012 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. (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 2012. (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 underway as of the date of the mining permit application. C. Area and acreage proposed for reclamation during the proposed permit year. Response: The 2012 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 I"=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: In 2012, 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 V=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: Topsoil from the mining area is utilized for reclamation in the areas which have been previously mined. If it is not utilized immediately, it is stockpiled for later use in the reclamation process. The preferred seed mixture which is ultimately used is a native seed mix. In 2010, the Company implemented an Oak Savanna Reclamation Plan - Rev. 9/3/10 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. In the fall of 2010, 60 oak saplings were planted and mulched in the area depicted on the 2012 Operations Plan Fencing was erected to delineate these protected groves and to deter the deer from these groves. In 2011, these plantings were monitored and preventative measures were taken to ensure their establishment. These measures included watering, insecticide spraying, and removal of competing sumac and grape ivy. Also in 2011, another three groves have been fenced, with one scraped to collect rainwater and soil amendments added to the same; planting of 68 oak saplings is scheduled for October 2011. u 3 p C:> LL LO N O Ln N T z z z Q Z � J � O J o d O z Z z Ch E H U a w > ° W 0 LU a � O w Q � LU N Q cc p O c� N C) LL O 0 G3 g PA %, ., 8 d � 0 z a 1 a >, N z a� z 1� a LL pj 1 NN r #° t cy. u = » 5 I n o : lw cj O All- •, i _ 0 f a� 0 cr- cr E x_E U Y CO J N W O O O+ a C tQ V: CI? 0 O k= .a 0 N— N O NCL C=i E U C ,{d CD C C C cz Y9 �\ O O A � � N CL U < �y t% S 2�. CL O C9 E CO .G Gt . E - C O v L ' O n c 4 b C o ti C k I " -•4 t � I I c c� � o> c c =0 O .Q tC c��t y _O QO 3 � 0 'o c 'Rs m �.> CT u cD d C ,{d CD C C C cz Y9 �\ O O A � � N CL U < �y t% S 2�. CL O C9 E CO .G Gt . E - C O v L ' O n c 4 b C o ti C k I " -•4 t � I I RECLA , TMA PLAN N for The Nelson Nne, Gray Claud Mand, washingM Caun y Ali nnesoRe Contact: Wayne ®stlie Director of Conservation Programs Great River Greening 35 W. Water Street, Suite 200 (G H U ,p, T St. Paul, MN R t V U R (651) 665 -9500 ext. 19 G P E E N I N G wostlie @areatrivergreening.org � c CI � 1CO — IS ICS � COO 1 lX 1 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. 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 V -kp Tinll tJ f iicr Ig mi. i[,1n!:fifc�lFl;:lail : - ,i r ':)•. ...� � '� - ;Jr_O L ti.7Jn� .��Vrnaaltt Rile; ;�n 5L'ipS Palk4'at,lUM Nd. a lzrt:'i.t _ .r- C;Y•a: Prlit� tniiinet3e Ss= r Huh iC Rr. ^:ili l;!,•rmlyRA ?ri:a`aLiiJ �;� f F;isfStiG CGaI'.:a:Jii u s.�• �.n .-� r'`lrtxc`;`cv�75 � �•�,,,� -,,� j �� �..-- rl fng 3:e''J(dnLlt }�y n] �'f HiSIVrf'7as iJRaa FulieL:}9ir� h'.tr�:2UP35rn 1� 1 = Figure 1: Nelson - Mine proposed development playa Opportunities t ®r 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 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. Phase 1 Oak Savanna Reclamation: Interlachen Hill 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: 0 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 C ommen t s Comments Activity Cost 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 spaced 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 IN investment $330 per 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. Phase 1 Oak Savanna Reclamation: Interlachen Hill 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: 0 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. - 're : XA L ' 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 Cloticd Island Oak Savanna Reclamation Plan Rev 9 -3 -10 Figure 2: Location for oak savanna reconstruction at Interlachen Hill. "_ I . WqW f;�: k Figure 3: Rigid mesh tubes in use at a Scott County site. 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 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. 1�%1C_�'�A�7.?��I� � �,{�,�- r �C%3:ilfi'i(�C�/�1:'C•TG3/ Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10 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 per LF Annual Maintenance After Includes spot spraying for Reconstruction invasive species control 2012 -2025 $0.50 per LF 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 species control. initial investment Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10 k r Figure 5: Shoreline Reclamation after Planting, Collinwood Lake County Park, Wright County, Minnesota. Grey Cloud Island Oak Savanna Reclamation Plan Rev 9 -3 -10 i 0 L ei z 0 0 MIKA . W ei M 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 A Section 31, Township 27, Range 21 E '/2, NE A NW A Section 31, Township 27, Range 21 South along Grey Cloud Trail W %2, NE A NW' /, Section 31, Township 27, Range 21 South along Grey Cloud Trail NW Y4, NW %, Section 31, Township 27, Range 21 S Y2, NW' /, Section 31, Township 27, Range 21 E '/, SW '/4, Section 31, Township 27, Range 21 Lot 1, Section 31, Township 27, Range 21 N'/2, NE %, Section 36, Township 27, Range 22 S'/2, NE' /, Section 36, Township 27, Range 22 N Y2, 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 Y4, Section 25, Township 27, Range 22 NE' /4, NW' /, Section 36, Township 27, Range 22 S '/2, NW %, Section 36, Township 27, Range 22 NW 1 /4, SW %, Section 36, Township 27, Range 22 N'/2, SW Y4, SW' /4, Section 25, Township 27, Range 22 S '/2, SW A SW '/, Section 25, Township 27, Range 22 NW 1 /4, NW' /4, Section 36, Township 27, Range 22 NW %, SW' /a, 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 '/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 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 Resolution No. 2012 -XXX Page 2 NE Y4, SW 1 /4, Section 36, Township 27, Range 22 Lot 5, Section 35, Township 27, Range 22 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 2012; 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, 2012; 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 (6 -to -0 vote) recommended approval of the mining permit at their January 23, 2012, 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, 2013, subject to the following conditions: Resolution No. 2012 -XXX Page 3 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. 4. The "future mining" designation on the 2012 Operations Plan is only an illustration of the applicant's future desire to mine in those areas. City approval of the 2012 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Approval of the 2012 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 Resolution No. 2012 -XXX Page 4 Plan" and is only an illustration of a development concept that the applicant and landowner have considered. The City's approval of the 2012 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 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 15th day of February, 2012. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk PI- 1 1 W I L ei ` 6.1 Aggregate Industries 2012 Mining Permit — Case MP12 -001 Aggregate Industries — North Central Region has applied for their 2012 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 their operations would continue pro- ceeding westward, and they will remove roughly the same amount of material this year as last year. She noted that most of the material was barged up the river, with about 3,000 tons trucked out of the Nelson Mine. They anticipate that would be roughly the same for 2012. They are going to continue with their oak savannah reclamation plan this year and keep nurturing the plantings. The trees are doing very well; five died from the 60 that were planted in 2010, and they were replaced this year. Messick asked if anyone wanted to speak on this application. No one spoke. Brittain made a motion approve the mining permit application with a variance to allow the dredge to operate 24 hours per day, seven days per week, based on the findings of fact and subject to the conditions listed below. Rostad 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 2012 Mining Permit — Case MP12 -001 January 23, 2012 Page 2 of 2 4) The "future mining" designation on the 2012 Operations Plan is only an illustra- tion of the applicant's future desire to mine in those areas. City approval of the 2012 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Approval of the 2012 Mining Permit does not ap- prove their ability to mine within the required 200 -foot setback from the Missis- sippi 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 geo- graphical 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 acciden- tally 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 ap- plicant and landowner have considered. The City's approval of the 2012 Opera- tions 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/DNR is required. Motion passed unanimously (6 -to -0 vote).