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Home My WebLink About2002-01-16 PACKET 04.D.� REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 1 /16/02 • � • PREPARED BY: Community Development Kim Lindquist ORIGINATING DEPARTMENT STAFF AUTHOR ************************************************ COUNCIL ACTION REQUEST Consider approval of the 2002 mining permit allowing Aggregate Industries to continue their mining operations on Lower Grey Cloud Island. STAFF RECOMMENDATION Adopt the resolution approving the 2002 mining permit allowing Aggregate Industries to continue their mining operations on Lower Grey Cloud Island. ADVISORY COMMISSION ACTION � PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS DATE 12/17/01 REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from Kim Lindquist dated 1/9/02 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: 1) Excerpt from unapproved minutes of the December 17, 2001, Planning Commission meeting 2) Staff report and exhibits ADMINISTRATORS COMMENTS � � / /� �a City Administrator Date ************************************************ COUNCIL ACTION TAKEN: �APPROVED 0 DENIED ❑ OTHER � ��/�� MEMORANDUM TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: Kim Lindquist, Community Development Director DATE: January 9, 2002 RE: Aggregate Industries 2002 Annual Mining Permit Introduction The applicant has again applied for a mining permit as required by the City Code. Mining continues to take place on the Island consistent with the overall mining plan submitted and reviewed by the City. Discussion The mining operation has not changed from that reviewed and approved in previous years. The Nelson Plant operates seven days a week, 24 hours a day. Most of the aggregate is barged off-site; however, approximately 5 percent is trucked from the site. In the last several years the City has added a condition to the mining permit that "Aggregate Industries pays its proportionate share in the cost of maintenance, construction, and reconstruction of roads, highways, streets, or bridges along all designated haul routes." This condition may be more germane this year, with the potential for roadway improvements on the causeway and bridge due to recent flooding. Similar to last year's review, staff is requiring the applicant to take appropriate measures to ensure there is no erosion to stockpiles or earth-berms. At the base of each slope a channel shall 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 shall be implemented within a reasonable amount of time for the stockpile and berm. As a condition of approval, a grading plan relating to the berm and appropriate erosion control measures are requested. The mining plan lays out the different activity areas for the mining operation. The map indi- cates that approximately 160 acres have been reclaimed with seven acres scheduled for rec- lamation during the 2002 operations. Reclamation for year 2002 is proposed to be the waste sand area approximately 1,300 feet southeast of the wash plant. Approximately 60 acres of land will be prepped for reclamation. Approximately 41.3 acres of the 60 acres is the US Army Corps of Engineering reclamation site that is located at the west-central part of the Island. Other areas designated for reclamation is the east slope of the mined area by means of de- positing waste sand from the mining operation to create slopes not greater than 4:1. '� Mayor, City Council, and Ryan Schroeder January 9, 2002 Page 2 of 2 For the last couple years, the applicant expressed a desire to mine aggregate resources within the Mississippi River. They have investigated local and state regulations and permitting proc- esses related to mining in the River. An Environmental Assessment Worksheet (EAW) would have to be prepared. It is also likely that an Environmental Impact Statement (EIS) would also need to be prepared. The applicant has indicated that preparation of an EAW or EIS is on hold. The 2002 Operations Plan identifies an area northeast of the existing dredge location for future mining. This area is heavily wooded with deciduous trees. In 1995, the City and neighboring residents voiced concerns about tree removal in this area. At that time, the applicant agreed to leave this wooded area as the last phase to be mined. It should be recognized that the "future mining" designation on the 2002 Operations Plan is only an illustration of the applicant's future desire to mine in those areas. City approval of the 2002 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Recommendation Adopt the draft resolution. RESOLUTION NO. 02-XXX RESOLUTION APPROVING THE 2002 MINING PERMIT FOR AGGREGATE INDUSTRIES, INC. WHEREAS, Aggregate Industries has made application for their annual mining permit to excavate and process aggregate material on the property legally described as: NE '/, SE '/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail W'/2, SE '/, Section 31, Township 27, Range 21 E'/2, NE '/, NW '/4, Section 31, Township 27, Range 21 South along Grey Cloud Trail W'/2, NE'/4, NW '/, Section 31, Township 27, Range 21 South along Grey Cloud Trail NW '/4, NW '/, Section 31, Township 27, Range 21 S'/z, 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'/2, NE'/4, Section 36, Township 27, Range 22 S'/2, NE'/4, Section 36, Township 27, Range 22 N'/2, SE '/4, Section 36, Township 27, Range 22 Lot 2, Section 36, Township 27, Range 22 Lot 3, Section 36, Township 27, Range 22 SE '/4, SW '/4, Section 25, Township 27, Range 22 NE'/, NW'/4, Section 36, Township 27, Range 22 S'/Z, NW '/, Section 36, Township 27, Range 22 NW '/, SW '/4, Section 36, Township 27, Range 22 N'/2, SW '/4, SW '/, Section 25, Township 27, Range 22 S'/2, SW '/, SW '/, Section 25, Township 27, Range 22 NW '/4, NW '/, Section 36, Township 27, Range 22 NW '/4, SW '/4, Section 36, Township 27, Range 22 N'/2, NE '/4, Section 35, Township 27, Range 22 S'/2, NE'/4, Section 35, Township 27, Range 22 SE'/4, SE'/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'/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 '/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 '/, Section 36, Township 27, Range 22 Lot 5, Section 35, Township 27, Range 22 Resolution No. 02-�;XX 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 1.6 million tons of aggregate material in 2002; and WHEREAS, a notice of application was mailed to neighboring property owners in- forming them of the date and time the Planning Commission was scheduled to review said application; 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 recommended approval of the mining permit at their December 17 meeting. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, approves the request by CAMAS Minnesota, Inc. for a mining permit ending January 31, 2003, and 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 im- pact to public health, safety, or general welfare, subject to the following conditions: 1. 2. 3. 4 5 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. The applicant is responsible for removing any materials that may have spilled onto any public roadway. This material shall be cleaned up immediately. The outer edge of mining limits abutting public right-of-way or private property shall not be closer than 100 feet to any right-of-way or property line. Approval of the 2002 Mining Permit does not imply approval to mine within the re- quired 200-foot setback from the Mississippi River or within the River itself. No bituminous/asphalt material shall be buried on the premises. Bituminous/ asphalt, concrete, and street sweepings originating within the geographical Resolution No. 02-�;XX Page 3 boundaries of Cottage Grove may be temporarily stockpiled on the site for proc- essing (e.g. crushing, screening, etc.) and/or reuse. 6. The applicant may operate the mining operation 24 hours a day, 7 days a week. Upon notification by neighboring residents that the night-time operations (i.e. be- tween the hours of 10:00 p.m. and 6:00 a.m.) are disturbing, the applicant agrees to voluntarily cease operation during night-time hours until such time the noise source is identified and appropriate corrections are made. 7. All existing trees within the area shown on the Operations Plan as "Future Mining" as shown on the 2002 Operations Plan shall remain undisturbed. 8. Aggregate Industries pays its proportionate share in the cost of maintenance, construction, and reconstruction of roads, highways, street, or bridges along all designated haul routes. 9. Aggregate Industries installs erosion control devices at the base of any slope where erosion is evident. A drainage swale shall be constructed at the base of any eroding slope to control runoff and divert it to a sedimentation basin before enter- ing any natural drainage system. Erosion control measures shall be implemented within a reasonable amount of time. 10. Historic sites and landmarks on Lower Grey Cloud must be protected and undis- turbed. A minimum of 100 feet shall be maintained between all mining operations and historic/landmark sites. Passed the 16th day of January, 2002. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON DECEMBER 17, 2001 7.1 CASE MP01-082 Aggregate Industries — North Central Region, Inc. has applied for their 2002 annual mining permit to continue mining operations on Lower Grey Cloud Island. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Severson asked if the city does an annual compliance inspection. McCool responded that the city does visit the site, but he has not counted the trees for a couple of years. He stated that he does not know of any complaints received by city regarding noise or dust. Bob Bieraugel, Aggregate Industries, stated that he would answer any questions from the Commission. He does not have anything to add to McCool's report. Japs asked how far they have pursued the issue of mining in the river. Bieraugel stated that it is still on the far back burner. Willhite opened the public hearing. No one spoke. Willhite closed the public hearing. Bailey made a motion to approve the application subject to the conditions listed be- low. Hudnut seconded. 1. The provisions as stipulated in Title 3, Chapter 10 of the City's Codes (Mining, Sand, and Grave/ 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 properly shall not be c/oser than 100 feet to any right-of-way or property line. 4. Approval of the 2002 Mining Permit does not imp/y approval to mine within the re- quired 200-foot setback from the Mississippi River or within the River itself. 5. No bituminous/asphalt material shall be buried on the premises. Bituminous/ aspha/t, concrete, and street sweepings originating within the geographical boundaries of Cottage Grove may be temporarily stockpiled on the site for proc- essing (e.g, crushing, screening, etc.) and/or reuse. 6. The applicant may operate the mining operation 24 hours a day, 7 days a week. Upon notification by neighboring residents that the night-time operations (i.e. be- tween the hours of 10:00 p.m, and 6:00 a.m.) are disturbing, the applicant agrees to voluntarily cease operation during night-time hours until such time the noise source is identified and appropriate corrections are made. 7. All existing trees within the area shown on the Operations Plan as "Future Mining" as shown on the 2002 Operations Plan shall remain undisturbed. 8. Aggregate /ndustries pays its proportionate share in the cost of maintenance, con- struction, and reconstruction of roads, highways, street, or bridges along all desig- nated haul routes. 9. Aggregate Industries installs erosion control devices at the base of any slope where erosion is evident. A drainage swale shall be constructed at the base of any eroding s/ope to control runoff and divert it to a sedimentation basin before entering any natural drainage system. Erosion contro/ measures shall be implemented within a reasonable amount of time. 10. Historic sites and landmarks on Lower Grey Cloud must be protected and undis- turbed. A minimum of 100 feet shall be maintained befinreen all mining operations and historic/landmark sites. Motion passed unanimously. STAFF REPORT CASE: M P01-082 ITEM: 7.1 PUBLIC MEETING DATE: 12/17/01 TENTATIVE COUNCIL REVIEW DATE: 1/16/02 APPLICATION APPLICANT: REQUEST: Aggregate Industries, Inc. 2002 Mining Permit SITE DATA LOCATION: ZONING: CONTIGUOUS LAND USE: 11250 Grey Cloud Trail South I-4, Commercial Excavation District NORTH: Mooers Lake EAST: Rural Residential SOUTH: Mississippi River WEST: Mississippi River SIZE: Land area = approximately 1,300 acres Mining area = approximately 10-15 acres Stripping area = approximately 30,000 cubic yards DENSITY: N/A RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. COTTAGE GROVE PLANN/NG DIVISIDN G:\2001\Planning Cases\082MP Aggregate Ind-dec17\082MP Aggregate Ind SR cover-decl7.doc . -�,.,...:: : -� �.� ..- i �. ._ � ., = i.l". _ -"� IL � _ �� _ - - �o_ �r� �' � : r! ;=:;;i�.�' ��: ■ �- _ - . . -- -- ,. _ _ .�. .:� � _ ; . .- - . � � _ �► '►�� =,. � � !i' ��;,. �)i � . . _ �: � al � air/ ��iii� �': •�� `\,� �- _ ,� �� 1� - ' • t��I Planning Staff Report Case MP01-082 December 17, 2001 Proposal Aggregate Industries has submitted an application for their annual mining permit to continue mining operations on Lower Grey Cloud Island during the 2002 year. Aggregate Industries es- timates that approximately 1.6 million tons of aggregate material will be mined and processed. The dredge operates in an area 10 to 13 acres in size and at a depth of about 90 feet. The appli- cant proposes to operate the dredge 24 hours per day, seven days a week. Attached is a copy of Aggregate Industries — Nelson Plant 2002 Mining Permit Application (Exhibit A). Background The earliest subsurface explorations were done in 1944. Test holes and exploratory "test" pits were dug befinreen the years 1944 and 1952. On January 19, 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 were signed in May 1950, April 1953, February 1960, and December 1971. The supplemental leases add land or adjust the royalty, but do not adjust the term of the lease. J. L. Shiely Company has been mining sand and gravel on Lower Grey Cloud Island since 1953. In 1966, the sand and gravel deposit was calculated to provide 37 years of sand and gravel operations. This supply was based on an aggregate production rate of 1.5 million tons per year, beginning in 1966. Aggregate Industries now estimates that sand and gravel resources could be mined until the year 2020 or 2030 based on the future ability to mine in the Mississippi River, market trends, and aggregate resources. Planning Considerations 2002 Operations Plan The applicant has provided a written narrative describing the 2002 Operations Plan. Highlighted in the Nelson Plant plan is the dredge that operates 24 hours per day, seven days per week. The dredge was equipped with sound-absorbing equipment in 1996. This year's application shows approximately (greater than) 95 percent of the aggregate materials mined and processed at this site will be transported by barge up the Mississippi River to the distribution yards in St. Paul and Minneapolis. 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 would be transported by truck on Grey Cloud Trail to 103rd Street, east to Hadley Avenue, north to 100th Street, east to Jamaica Avenue, and then north to T.H. 10/61. This haul route has generally not changed over the course of the mining operation. The proposed mining operation does not reflect a departure from the amount of traffic routinely being experienced from the mining operation. Plar�ning Staff Report Case MP01-082 December 17, 2001 Page 2 of 4 There will be no clear-cutting of trees or shrubs during the 2002 mining operation. Stripping of topsoil material and overburden consists of approximately 30,000 cubic yards, 20,000 cubic yards less than the 2001 year. Loaders and scrapers will perform this work at depths befinreen 1.5 feet to 5 feet. The majority of the 30,000 cubic yards of overburden and topsoil will be used to continue constructing a berm south of the existing mine face. This area is depicted as a solid line pattern in Exhibit B. The 2002 Mining Permit application does not propose mining beneath the Mississippi River. Similar to last year's review, staff is requiring the applicant to take appropriate measures to ensure there is no erosion to stockpiles or earth-berms. At the base of each slope, a channel shall 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 shall be implemented within a reasonable amount of time for the stockpile and berm. As a condition of approval, a grading plan relating to the berm and appropriate erosion control measures is requested. Clamshell Dredge The twin-clamshell dredge at the Nelson Mining Plant 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 ap- proximately 550 tons. Assembly of the dredge was completed in 1995, and it 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 of about 90 feet. Conveyor System The conveyor system (both land and floating) was installed the same time the floating dredge was assembled in 1995. The conveyor system is about 10,000 feet long and carries,mined aggregate material from the floating dredge to the processing plant. Trucks and similar heavy equipment are no longer needed to transport the raw aggregate material to the processing plant. Reclamation Plan The applicanYs 2002 Mining Permit Application references the planting of 1,250 seedlings during this year's operating season. No details were given as to how many seedlings would be planted for a specific species; there will be a variation of white ash, aspen, oak, maple, bass- wood, white spruce, and white pine. The planting of these trees is shown to be in an area that was reclaimed last year. This area is south of private access drive leading to the processing plant, north of the conveyor system, and west of an existing water body. The City has in the past required that all seedlings be at least two feet in height. Exhibit C provides historical background of the Nelson Plant mining operations. The mining plan lays out the different activity areas for the mining operation. The map indi- cates that approximately 160 acres have been reclaimed with seven acres proposed to be re- Pl�nning Staff Report Case MP01-082 December 17, 2001 Page 3 of 4 claimed during the 2002 operations. Reclamation for year 2002 is proposed to be the waste sand area approximately 1,300 feet southeast of the wash plant. Approximately 60 acres of land will be prepped for reclamation. Approximately 41.3 acres of the 60 acres is the US Army Corps of Engineering reclamation site that is located at the west-central part of the Island. Other areas designated for reclamation is the east slope of the mined area by means of de- positing waste sand from the mining operation to create slopes not greater than 4:1. Future Land Use The landowner has, for several decades, intended to develop their property for residential uses. In the year 2000, the mining permit application recognized that PAS (the property owner) was interested in a Planned Unit Development zoning classification for the development of a clustered residential community with mixed commercial and marina land uses. In 2001, Aggregate Industries signed a new lease with the property owner, allowing mineral extraction on the island for at least another 20 years. A press release addressing this is attached as Exhibit D. Future Mining Designations For the last couple years, the applicant expressed a desire to mine aggregate resources within the Mississippi River. They have investigated local and state regulations and permitting proc- esses related to mining in the River. An Environmental Assessment Worksheet (EAW) would have to be prepared. It is also likely that an Environmental Impact Statement (EIS) would also need to be prepared. The applicant has indicated that preparation of an EAW or EIS is on hold. The 2002 Operations Plan identifies an area northeast of the existing dredge location as an area for future mining. This area is heavily wooded with deciduous trees. In 1995, the City and neighboring residents voiced concerns for tree removal in this area. At that time, the applicant agreed to leave this wooded area as the last phase to be mined. It should be recognized that the "future mining" designation on the 2002 Operations Plan is only an illustration of the appli- cant's future desire to mine in those areas. City approval of the 2002 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Recommendation Planning staff recommends approval of the 2002 Mining Permit for Aggregate Industries, 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. 3. The outer edge of mining limits abutting public right-of-way or private property shall not be closer than 100 feet to any right-of-way or property line. Planning Staff Report Case MP01-082 December 17, 2001 Page 4 of 4 4. Approval of the 2002 Mining Permit does not imply approval to mine within the required 200-foot setback from the Mississippi River or within the River itself. 5. No bituminous/asphalt material shall be 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 Operations Plan as "Future Mining" as shown on the 2002 Operations Plan shall remain undisturbed. 8. Aggregate Industries pays its proportionate share in the cost of maintenance, construction, and reconstruction of roads, highways, street, or bridges along all designated haul routes. 9. Aggregate Industries installs erosion control devices at the base of any slope where erosion is evident. A drainage swale shall be constructed at the base of any eroding slope to control runoff and divert it to a sedimentation basin before entering any natural drainage system. Erosion control measures shall be implemented within a reasonable amount of time. 10. Historic sites and landmarks on Lower Grey Cloud must be protected and undisturbed. A minimum of 100 feet shall be maintained befinreen all mining operations and historic/landmark sites. Prepared by: John McCool, AICP Senior Planner Attachments: Location Map Exhibit A— 2002 Mining Permit Application Exhibit B — 20020perations Plan Exhibit C — Historic Reference Exhibit D — Press Release EXH I B IT A City of Cottage Grove A n n ual Mining P ermit Application Case No.: Fee: Rcvd by: Rcpt. #: 1. Mining Operator: Ag�regate Industries — North Central Region, Inc. Phone: �651) 683-0600 Address: 2915 Water Road Suite 105, Eagan, MN 55121 2. Mine Owner: PAS Associates, LTD, C/O Hu�h K. Schilling Phone: (651) 361-6440 Address: 2565 Walnut Street, Roseville, MN 55113 N011 � ��1 3. Legal Description of Property: Please see attached Narrative 4. Attach all information as required by Chapter 20-5 of the City Code (See Exhibits A, attached). 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 attached. 0 100,000 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 Exhibit B, Attached) 7. Aclaiowledgnent and signature; The undersigned 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 ttie State of Minnesota. Aggre �� ,� /.� �/ Date City of Cottage Grove Annual Mining Permit Application - Page 2 8. Acknowledgment and signature: PAS Associates, LTD, the property owner, hereby consents to the mine plan of operation for the year 2002 as represented by Aggregate Industries - North CentraJ, Region, Inc. PAS B y: p � .-.�-� . ' � -Q� � g1Y . Schilling � Date Managing Partner Aggregate Industries — Nelson Plant 2002 Mining Permit Application Cottage Grove, Minnesota �� - � "�� October, 2002 Aggregate Industries — Nelson Plant 2002 Mining Permit Application Cottage Grove, Minnesota TABLE OF CONTENTS Application 2002 Nelson Mine Plan — Ordinance and Response 2002 Mine Plan Map ................................................................. Exhibit Bond-City of Cottage Grove ........................................................ Exhibit Certificates of Insurance ................................................................ Exhibit 2002 NELSON MINE PLAN ORDINANCE AND RESPONSE (a) Ordinance: The name and address of the applicant and of the owner of the land. Response: Operator- Landowner- Aggregate Industries - North Central Region Inc. 2915 Waters Road, Suite 105 Eagan, MN 55121 PAS Associates, Ltd. % Hugh K. Schilling 2565 Walnut Street Roseville, NIN 55113 (b) Ordinance: A legal description of the lands from which it is proposed to mine. Response: along Grey Cloud Trail NW '/4, NW '/4, Section 31, Township 27, Range 21 S%Z, NW '/4, Section 31, Township 27, Range 21 E%2, SW '/4, Section 31, Township 27, Range 21 Lot 1, Section 31, Township 27, Range 21 N%z, NE '/4, Section 36, Township 27, Range 22 S%2, NE '/4, Section 36, Township 27, Range 22 N%2, SE %4, Section 36, Township 27, Range 22 Lot 2, Section 36, Township 27, Range 22 Lot 3, Section 36, Township 27, Range 22 SE 1 /4, SW 1 /4, Section 25, Township 27, Range 22 NE '/4, NW %4, Section 36, Township 27, Range 22 S%2, NW '/4, Section 36, Township 27, Range 22 NW '/4, SW 1 /4, Section 36, Township 27, Range 22 N'/2, SW'/4, SW'/4, Section 25, Township 27, Range 22 S'/2, SW 1 /4, SW, 1 /4, Section 25, Township 27, Range 22 NW '/4, NW 1 /4, Section 36, Township 27, Range 22 NW %4, SW '/4, Section 36, Township 27, Range 22 N%2, NE'/4, Section 3S, Township 27, Range 22 S%z, NE %4, Section 35, Township 27, Range 22 Se 1 /4, SE '/4, Section 26, Township 27, Range 22 NE '/4, SE 1/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail W%z, SE '/4, Section 31, Township 27, Range 21 E%, NE '/4, NW '/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail W1/2, NE1/4, NW '/4, Section 31, Township 27, Range 21, South 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 %a, 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 '/4, Section 5, Township 26, Range 21 Lot 2, Section 5, Township 26, Range 21 Lot 1, Section 5, Township 26, Range 21 Lot l, Section 4, Township 26, Range 21 NE'/4 SW 1 /4 Section 36, Township 27, Range 22 Lot 5 Section 35, Township 27, Range 22 (c) Ordinance: Names of all adjacent landowners within one-half mile radius. Response: Nelson Plant Neighbors Rod & Mary Betty Jean Nanette Catrina Fred Gene & Margazet Dave & Kathy Patricia Bill John & Julie Patricia Bill Doug (d) Ordinance: Hale 11701 Grey Cloud Trail South Cottage Grove Kartarik 10870 Grey Cloud Trail South St. Paul Park Kulvich 11523 Grey Cloud Trail South Cottage Grove LaChapelle Karter Madsen Wald Brown Christensen Schmitzer Appert Boogie Christopherson Wermerskirshen 11973 Grey Cloud Trail South 10971 Grey Cloud Trail South 10971 Grey Cloud Trail South 11500 Grey Cloud Trail South 11975 Grey Cloud Trail South 12075 Grey Cloud Trail South 12073 Grey Cloud Trail South 11395 Grey Cloud Trail South 11971 Grey Cloud Trail South 11971 Grey Cloud Trail South 12085 Grey Cloud Trail South Cottage Grove Cottage Grove Cottage Grove Cottage Grove Cottage Grove Cottage Grove Cottage Grove Cottage Grove Cottage Grove Cottage Grove Cottage Grove 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; such has highways, buildings, ready mix concrete, asphalt etc. (e) Ordinance: The estimated time required to complete the removal. �� g) Response: Current Aggregate Industries estimates project that mining will continue into the mid twenty-first century. This estimate, based on current information only, is 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 the distribution yards in St. Paul and Minneapolis. The other 5% is transported by truck on Grey Cloud Trail to 103 east to Hadley Avenue, north to 100` Street, then to 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 reuse of water. In the event that the water 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: Response: (g-2) Ordinance: Clearing operations, including a written statement describing removal and processing techniques and timing. There will be no clearing during the 2002 season. 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 as mining on the 2002 Mine Plan. The quantity of topsoil and overburden that will be removed will consist of approximately 30,000 cubic yards. Loaders and scrapers will remove this material. The combined depth of topsoil and overburden averages between 1%z feet to 5 feet. The removal will be performed from the spring of 2002 to late fall. (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 30,000 cubic yards of overburden and topsoil will be used to construct a berm south of the existing mine face. (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: With the underwater mining equipment, the pit dewaters under Minnesota Department of Natural Resources Water Appropriation Permit #670201 and the Minnesota Pollution Control Agency's NPDES Permit MN0001309. The monitoring reports are submitted on a monthly basis to the MPCA and yeaxly to the DNR. Mining is scheduled to proceed as depicted on the 2002 Mine Plan. The dredge will continue to carry out the mining in 2001 and into the foreseeable future. The dredge will operate in an area approximately 10 to 13-acres in size at its current location and at a depth of about 90 feet. Material will be � conveyed to the processing plant where it will be crushed, washed, sorted by size, and loaded onto bazges. The plant is expected to produce approximately 1.6 million tons of aggregate in 2002. (g-5) Ordinance: Transportation facilities, including proposed on-site roads, proposed barge loading and fleeting areas, and estimated barge capacity of each area. � Response: The internal roads are unchanged at the site. Barges will conrinue to transport more than 95% of the aggregate off the island. The facility can store approximately 18 barges. A single barge can carry between 1,200 to 1,300 tons. (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 sequence of extraction is depicted on the 2002 mine plan. Mining will proceed generally northwesterly from its current location. Reclamation, will follow the mining and will concentrate on shore and slope stabilization. (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 approximatelyl.6 million tons of aggregate in 2002. (h) Ordinance: To provide for an orderly, sequential rehabilitation of a111and permitted to be excavated, and to prepare the mined land for its ultimate reuse 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 sca.le 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 pernut application. c. Area and acreage proposed for reclamation during the proposed permit year. Response: The 2002 Mine Plan Man depicts the previously reclaimed areas (approximately 180 acres) and approximately 15 acres being prepared for reclamation. This year the slope in the southeast corner of the lake will be built up with waste sand from the mining operation. We will finish top-soiling and seeding about 7 acres in three different areas. The 2002 mine and reclamation plans remain in very close agreement with the currently approved plans of the mid 1980s. d. Proposed final land use and supporting facilities prepared in the same manner as described above. Response: The current plan for mining and reclamation of lands on Lower Grey Cloud Island, that has been followed since annexation to the City of Cottage Grove, will be adjusted to reflect the Landowner's plans for development of a planned unit development of mixed residentia�, commercial and marina uses as shown on the plans filed with the City of Cottage Grove. (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: Final reclamation in 2002 will be conducted in three areas for a total of about 7 acres. All slope reclamation will be at 4/1 or flatter. (h-3) Ordinance: Topsoil and replanting plan. A general plan for replacement of topsoil and replanting 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 topso,il fertility. Response: All topsoil from the mining area is stockpiled for later reclamation or immediately placed on a reclaimed area. The preferred seed mixture would be either a native seed mix or MNDOT 50 mix. Approximately 1,250 seedlings will be planted during the 2002- operating season. The following varieties will be planted: white ash, quaking aspen, northem bir oak, red maple, basswood, black cherry, white spruce, and white pine. 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 marina and a mixed residential and commercial development in the area surrounding the marina and the surrounding lakes. C '`�� ` ��, `____,� —'''� ( '-- � �; ,_ �� Q�'� �� . �`— �� ,� \�� 1�\ � ,. 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J � � � ; .� �� °� Q rn� rn t'�s� rn c7� rn c�s� rn rn rn t� o 0 �. ;�,' W tA � f3) � C73 � Ga � Cn' � N N N � T r T^ r 'k� r T r '�'� [� w m a rn ¢ EXHIBIT D Fcbr.uary 14, 2001 Press Release A��regatc Industri s and PAS Associates Lim�ted Parinersl^.ip (PAS) are pleascd to announce that tk�e ave signed a new lease aIlowing the extractivn of minerals b,y A;gcega.te industri orn lands owned by PAS on Lower Grey Cloud Island in southern Washin�ton Count . Thtis continues the spirit of t12e original agreeinent signed by )oe Shiely and Paal Sc il 'ng in 1950. The new lcase ens� plant and zzo devel twenty years. Dt corz�pletcd mining and will therefore i property owned by was flooded at the �pned for commen operatioz�s are an.t; regional si�nifican� to 1'eSCOCC reclaimE Under the terms o; corne� o f the is.land pAS wi11 suspend Grey Gloud, but st i�l thc future. Th strictly a busincss. o�� the eastern end were purehased b; members of ttae co re that there will be no relocation of the fixed aggregatc processin� p ent of any �Cind on Lower Grey Cloud 1sland f�r at least thc nexi -i g that tinie, Ag�egate In;dus�ies expects to bave substantially f ommercial ag�re�ates witl�in the main body of Lower Grey Cloud, e eeking the necessary regulatory approvals to coinmen.ce mining of p S that lies off the southeast edge of the island. This is la�id that :i e of the Hastings loek and dam construetion a��c� 'c�vhieh has becn a mining since 1984. No chanaes iz� mining methods or ti�e seale of ;i ated at this time, althouah this a�;regpte d�posit is ot' �rowing � reserves elscw.E►er� beco.me depleted. Tlzc cornpa.ny wi�l cvntinue l reas of thc island witk� native species as it l�as for many yea�'s. t e lcasc, two cicar wal•er lakes creatcd by mining on d�e norihw�st 11 'be pres�rvcd. immeciiate plans for developmcnt of ils land ho.ldin�s on L.ower te�ads to proceed with a mixed use pia�1 onee ininin� is com�leted �ision by PAS to suspend cievetopment efforts at th,is iime w�u and only the timing of development is affect�c. The tvvo homes � island which were formerly o�ncd by �chillin� family men�hers gregate Industries ei�hteen months a�o and are bcing rented to .nity. Aggre�ate 11adL►St es and 'PAS axe espeeially ple�ed tha; this arrangen�ent brings t.� az� end, at leas: fot th exc two decades, the di.fficult discussions that have risked dividiz�g the cOmmuniiy 1 ptions for thc future use of these lands are �reserved. For further ;Jonathan. Wiln Aggrcgate Ind 651-683-8]22 Hu�h Schi Ilin�, PAS �1sSOClafeS 612-378-6�0 contact; President North Central Region, Inc, ing Gez�eral Partner. � Pa��tnersk�ip � r LJ �