HomeMy WebLinkAbout2014-01-27 PACKET 06.1.STAFF REPORT CASES: MP2014 -001
ITEM: 6.1
PUBLIC MEETING DATE: 1/27/14 TENTATIVE COUNCIL REVIEW DATE: 2/19/14
APPLICATION
APPLICANT:
REQUEST:
Aggregate Industries — Nelson Plant
2014 Mining Permit
SITE DATA
LOCATION: 11250 Grey Cloud Trail South
ZONING: 1 -4, Commercial Excavation District
CONTIGUOUS
LAND USE: NORTH
EAST
SOUTH
WEST
SIZE: Strippin
DENSITY: N/A
Mooers Lake
Rural Residential
Mississippi River
Mississippi River
g and Mining Area — Approximately 14 acres
RECOMMENDATION
Approval, based on the findings of fact and subject to the conditions
stipulated in this staff report.
COTTAGE GROVE PLANNING DIVISION
Planning Staff Contact: John McCool, Senior Planner, 651 - 458 -2874, Imccool(a)cottage- g rove. org
GACITYFILES\14 CITYFILES \001MP Aggregate Industries 2014- 01- 27 \Planning1MP14 -001 Aggregate Ind SR cover 1- 27- 14.docx
Planning Staff Report
Aggregate Industries — Annual Mining Permit
Planning Case No. MP2014 -001
January 27, 2014
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 aggregate materials will be incorporated into various products in
the Twin Cities metropolitan area and are used for ready mix concrete and /or asphalt in the
construction of highways and buildings, etc. The 2014 mining operations plan proposes the
following:
• Mining and processing between 750,000 to 800,000 tons of aggregate materials
• Removing tree or brush in an area that is approximately 7.2 acres in area
• Strip topsoil materials from approximately 14 acres in area
• Dredge 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.
Location Map
A copy of Aggregate Industries — Nelson Plant 2014 Mining Permit Operation Plan is attached.
Planning Staff Report — Planning Case No. MP2014 -001
Nelson Mining Plant
January 27, 2014
Page 2 of 7
Ordinance Requirements
City Code Title 3 -10 requires an annual mining permit, which 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;
• Ensure conformity of mining operations with the City's Critical Area and Comprehensive
Plans;
• 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 25 to 40 years based on the future ability to mine in the Mississippi River back-
waters, 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 Commit-
tee. 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 2014 Mining Permit application. With some exceptions, the proposed
2014 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" de-
sign and is one of the largest machines of its type. The dredge is a 100 -foot by 100 -foot by 60-
foot high floating dredge that weighs approximately 550 tons. Assembly of the dredge was com-
pleted in 1995, and the dredge was equipped with sound - absorbing equipment in 1996. The
dredge is used to reach sand reserves below the water surface near the Mississippi River. Its
de- sanding capability allows the operator to reclaim up to 400 tons of sand per hour without un-
necessary 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 1.6 miles long to the processing plant. After processing, the materials are
Planning Staff Report— Planning Case No. MP2014 -001
Nelson Mining Plant
January 27, 2014
Page 3 of 7
transported to distribution yards in St. Paul and Minneapolis. Last year, approximately 725,000
tons (approximately 65 percent) of the material was transported by barge and approximately 400
tons was transported by truck on Grey Cloud Trail to 103rd Street, east to Hadley Avenue, north to
100th Street, and then to U.S. Highway 61. The barge fleeting facility can store approximately 18
barges. A single barge can carry between 1,200 to 1,300 tons.
A summary of the Nelson Mining operations since 1995 is attached.
Planning Considerations
Proposed Mining Operations
The 2014 Operation Plan does propose to remove trees and brush from an area that is approx-
imately 7.2 acres in area. Stripping topsoil will be conducted in an area that is approximately 14
acres in area. Loaders, scrapers, and haul trucks will stockpile this material for later reclamation or
immediately placed on a reclaimed area. Tree removal and stripping topsoil is proposed to occur in
west of the current dredge location.
o i,am e4a
r -0 cae�
Similar to previous operation plans, the applicant is required to take appropriate measures to en-
sure 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 im-
plemented within a reasonable amount of time for the stockpile and berm.
Planning Staff Report — Planning Case No. MP2014 -001
Nelson Mining Plant
January 27, 2014
Page 4 of 7
Environmental Impact Statement Process
The applicant is not proposing to mine within the Mississippi River backwaters or river channel
during their 2014 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 Indus-
tries 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 envi-
ronmental rules and the National Environmental Policy Act. The draft EIS document was sche-
duled to be completed in late 2012, but the applicant is evaluating whether or not to proceed
with this project. If the preparation of the EIS proceeds, the Planning Commission will have the
opportunity to review the EIS document. The City's review of their 2014 Mining Permit application
does not include any approval to mine within the backwaters or main river channel.
Reclamation Plan
The 2014 Operations Plan shows most of the Nelson Mine perimeters have been reclaimed or are
undisturbed buffers. The proposed reclamation to begin in 2014 is the creation of an island in the
southeast area of the larger pond area and a 39.4 -acre area located between the dredge and con-
veyor system. The site preparation of these two areas will continue to occur for several years.
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. It is also within this area where black locust trees are being removed. Black
locust trees are considered an invasive tree species that disturbs habitats, degrades native tree
species, and crowds out native prairie vegetation, oak savannas, and upland forests. Removal of
the black locust trees is permitted within the Nelson Mine.
In 2010, Aggregate Industries and Great River Greening initiated the reclamation oak savanna
plots within the Nelson Mine. Areas previously 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.
In 2013, Aggregate Industries monitored the oak groves and initiated preventive measures to en-
sure their establishment. These measures included watering, insecticide spraying, gopher control,
and removal of competing sumac and grape ivy. Last fall, an inspection of a couple oak savanna
plots found many oak plantings had died. As a condition in approving the annual mining permit for
2014, all the dead oak trees within the designated oak savannah groves must be replaced with
new tree plantings and watered during dry weather conditions to promote their survival.
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 recorded historic
sites were completed in 2009 and 2010. The results of these surveys and reports concluded that
Aggregate Industries can proceed with future mining operations. These sites have been marked
with a 50 -foot boundary around the perimeter of the Burial Mound Group 21 WA9. All future mining
activities will be conducted outside the designated archaeological areas.
Planning Staff Report— Planning Case No. MP2014 -001
Nelson Mining Plant
January 27, 2014
Page 5 of 7
Interim Use — Temporary Ready Mix Concrete Plant
As an accessory use with the sand and gravel mining operations within the Nelson Mine, Aggre-
gate Industries is seeking an interim conditional use permit for the production of concrete castings
that will be used in the construction of a bridge over the St. Croix River, near Stillwater, Minnesota.
Aggregate materials mined from the Nelson Mine will be used in mixing cement for producing con-
crete castings for bridge materials. This interim use is proposed to be located north of Aggregate
Industries' existing processing plant location. Please refer to the planning staff report (Planning
Case No. ICUP2014 -002) for more details.
Meeting Notices
A meeting notice was mailed to 23 property owners who are within a half -mile of the mine.
These notices were mailed on January 16, 2014.
City Department Review
Aggregate Industries' 2014 mining permit application was distributed to other City departments.
No comments or recommendations were received.
Recommendation
It is recommended that a variance be granted to the ordinance requirement limiting mining op-
erations between 6:00 a.m. to 10:00 p.m. to allow the dredge to operate 24 hours per day,
seven days per week. This approval is 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.
It is also recommended that the 2014 Mining Permit for Aggregate Industries — Nelson Plant be
approved, 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 pub-
lic 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.
Planning Staff Report— Planning Case No. MP2014 -001
Nelson Mining Plant
January 27, 2014
Page 6 of 7
4. The "future mining" designation on the 2014 Operations Plan is only an illustration of the
applicant's future desire to mine in those areas. City approval of the 2014 Operations
Plan does not guarantee mining permit approval for areas shown as "future mining." Ap-
proval of the 2014 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 noti-
fication 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 correc-
tions 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 or equipment in the vicinity of all archeological and landmark sites must
remain on existing private access routes so not to disturb or destroy existing 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." This
concept plan is only an illustration of a development concept that the applicant and
landowner have considered. The City's approval of the 2014 Operations Plan does not
guarantee approval or imply future approval of the Harbor Island Concept Plan.
12. The Oak Savanna Reclamation Plan, Revised 9 -3 -10 is still valid. 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. All oak plantings within the designated oak savanna groves must be
replaced with new oak trees and watered during dry conditions to promote their survival.
Planning Staff Report— Planning Case No. MP2014 -001
Nelson Mining Plant
January 27, 2014
Page 7 of 7
13. As the Oak Savanna Reclamation Plan is implemented, the applicant must continue to
update the City on the effectiveness of the reclamation and restoration activities, particu-
larly how many acorns are planted and how many oak seedlings are growing. If the num-
ber of trees is low, then another tree planting alternative will need to be discussed.
Prepared by:
John McCool, AICP
Senior Planner
Attachments:
2014 Mining Permit Application
Historic Summary of Mining Operations
2014 Operations Plan Map
AGGREGATE
INDUSTRIES
Aggregate Industries — Nelson Sand & Gravel
Cottage Grove, Minnesota
2014 Mine Plan
December, 2013
Aggregate Industries
Nelson Sand & Gravel
11250 Grey Cloud Trail South
Cottage Grove, Minnesota
Property Legal Deseription
The NE V4, 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'h, NE 1 /4, NW '/4, Section 31, Township 27,
Range 21, South along Grey Cloud Trail ;Wl /2, NEl/4, NW %4, Section 31, Township 27, Range
21, South along Grey Cloud Trail; NW 'A, NW 1 /4, Section 31, Township 27, Range 21; S' /2, NW
''/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'' /2, NE Y, Section 36, Township 27, Range 22; S' /2, NE
' /4, Section 36, Township 27, Range 22; N' /2, SE Y4, Section 36, Township 27, Range 22; Lot 2,
Section 36, Township 27, Range 22; Lot 3, Section 36, Township 27, Range 22; SE '/4, SW %4,
Section 25, Township 27, Range 22; NE %4, NW ' / 4, Section 36, Township 27, Range 22; S '/2,
NW 1 /4, Section 36, Township 27, Range 22; NW '/4, SW 1 /4, Section 36, Township 27, Range 22;
N' /2, SW' /4, SW' /4, Section 25, Township 27, Range 22; S' /2, SW %4, SW, 1 /4, Section 25,
Township 27, Range 22; NW ' / 4, NW ' / 4, 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 V4, 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' /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 %z, 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' /4 Sections 36, Township 27, Range 22; Lot 5 Section 35, Township 27, Range 22
Landowner: PAS Associates, Ltd.
c/o Hugh Schilling
2565 Walnut Street
Roseville, MN 55113
Operator: Aggregate Industries - MWR, hie.
2915 Waters Road, Suite 105
Eagan, MN 55121
Adjacent Landowners
Aggregate Industries
Aggregate Industries
Aggregate Industries
Appert, John & Julie
Resident
Boggie, Patricia
Hale, Rod & Mary
Karter, 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
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
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
Mining Operations
Aggregate Industries' Nelson Sand & Gravel Facility excavates and processes aggregate
materials which are utilized for ready mix concrete and/or asphalt products for the construction
of highways and buildings within the Twin Cities metropolitan area.
The Company currently estimates that mining will continue for another 15 -20 years. These
estimates are based on current information and are subject to market trends, geologic variations
and the expansion of reserves, as additional exploration occurs. Currently, the City, the Corps of
Engineers and the Company are in the process of preparing an Environmental Impact Statement
for mining the backwaters adjacent to the main island. The addition of this proposed underwater
mining would add approximately 20 years to the life of the mine.
The dredge at this facility 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 the excess sand is
then screened off and pumped to an island within the lake. The course 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 750,000 to 800,000 tons of aggregate in
2014.
The majority of the material from the Nelson Sand & Gravel facility is transported by barge up
the Mississippi River to distribution yards in St. Paul and Minneapolis. In 2013, approximately
725,000 tons of aggregate were transported up river. In addition, roughly 400 tons were
transported by truck on Grey Cloud Trail South to 103 Street, east to Hadley Avenue, north to
100 Street, then to U.S. Highway 61.
In 2014, the Company expects to conduct stripping on approximately 14 acres in the area
identified as "Stripping and Mining" on the 2014 Operations Plan following the removal of the
trees in this area. 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 2014
Operations Plan The combined depth of topsoil and overburden averages between 2 and 5 feet.
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 Town Site 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 WA 9 . Future mining activities will be conducted
outside these delineated archaeological areas.
Reclamation
The 2014 Operations Plan depicts approximately 255 acres which have been reclaimed to date.
The current plan for reclamation of Lower Casey 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. The Company's reclamation efforts will follow
this concept in general terms.
Ongoing reclamation efforts will continue in 2014 and beyond„ by creating the large lake and
island, as well as slope and shore stabilization/establishment 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. All slope reclamation will be at 4 :1 or flatter.
Upland restoration efforts will continue in the area located to the far northwest of the large lake
and north of the main conveyor alignment, as depicted on the 2014 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 plain.
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 will be used is a native seed mix.
In 2010, the Company implemented an Oak Savanna Reclamation Plan. Essentially, all
reclamation of the uplands on the disturbed areas of Lower Grey Cloud Island will focus on the
re- establishment of an oak savanna. The Company has contracted with Great River Greening to
guide its' reclamation efforts and ensure the viability of the plantings. Annual contributions
have included and will continue to include: site grading, topsoil placement, soil preparation,
native grass seeding, oak saplings 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 2014
Operations Plan Fencing was put in place to delineate and deter the deer from these protected
groves. In 2011, another 68 oak saplings were planted in three new groves. In 2013 competing
woody vegetation was removed, which included vegetation that was interfering with the deer
fence and the fencing was also repaired, where necessary. In addition, invasive black locust was
removed and spotted knapweed was pulled as part of the site prep for prairie seeding.
In fall of 2013, the Company plans to spray the non - native, invasive smooth brome grass, prior
to prairie grass seeding taking place. This will be dependent on the brume grass not going
dormant early, which would make the spray ineffective. If this occurs, this process will be
delayed until 2014.
In 2014, the Company anticipates continued maintenance of the oak plantings, prairie
establishment mowing and spot spraying, as well as possible additional prairie seeding in the
acres where the black locust were removed.
Acknowledgement and Signature: Aggregate Industries — MWR, 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 the 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.
Aggregate Industries — MWR, Inc.
By:
Its f'//�•�a a �iY/X --
Dated: O(� / 949 /5
Acknowledgment and Signature: PAS Associates, LTD, as Landowner, hereby consents to the
2014 Operations Plan, as represented by Aggregate Industries - MWR, Inc.
PAS As ciates, LT
By: Dated:
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