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Home My WebLink About2014-02-05 PACKET 04.E.REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 2/5/14 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # . . Jennifer Levitt STAFF AUTHOR �*************************************�********* COUNCIL ACTION REQUEST: Consider approving the 2014 Annual Mining Permit to allow Aggregate industries to continue their mining operations on Lower Grey Cloud Island with a variance to mining operation hours. STAFF RECOMMENDATION: Adopt the resolution approving Aggregate Industries' 2014 mining permit with a variance to mining operation hours. ADVISORY COMMISSION ACTION: DATE � PLANNING 1/27/14 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS: REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑. ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John McCool dated 1/29/14 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from 1/27/14 Planning Commission Minutes Nelson Mine 2014 Operation Plan ADMINISTRATORS COMMENTS DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ _ � �..�/ �� City dministrator Date **********�*�*�*************�****** ***�******** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride anaP�OSPerity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: January 29, 2014 RE: Aggregate Industries — Nelson Mine Annual Mining Permit Proposal Aggregate Industries, MWD, LLC. has submitted their annual mining permit application 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 Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Nelson Mine Annual Mining Permit January 29, 2014 Page 2 of 6 A copy of Aggregate Industries — Nelson Plant 2014 Mining Permit Operation Plan is attached. Review Process Application Received: December 31, 2013 Acceptance of Completed Application: January 8, 2014 60-Day Review Deadline: March 8, 2014 Planning Commission Review The Planning Commission held a public meeting on January 27, 2014, for the Nelson Mine annual mining permit by Aggregate Industries, MWD, LLC. Staff summarized the proposed 2014 Mining Operation Plan to the Planning Com�ission. Bob Bieraugel, representing Aggregate Industries attended the Planning Commission meeting. The Commission had general comments about the dredge operation. The Planning Commission recommended (6-to-0 vote) to the City Council the approval of Aggregate Industries' Nelson Mine 2014 mining permit application, subject to the conditions in the Planning Staff Report. An excerpt from the Planning Commission's unapproved minutes from their meeting on January 27, 2014, and the draft resolution with conditions recommended by the Commission are enclosed. 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. Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Nelson Mine Annual Mining Permit January 29, 2014 Page 3 of 6 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 transported to distribution yards in St. Paul and Minneapolis. Last year, approximately 770,741 tons (approximately 99 percent) of the material was transported by barge and approximately 1,016 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. Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Nelson Mine Annual Mining Permit January 29, 2014 Page 4 of 6 --- �, . _ v , � �., I � � _ - , < ,' ' r` , ` _ , i I � � - .� �� - 2 . - _ � �� ,� � ,'t, � ,. LeAenn ' � � � .: . . z r �- •, � �:; , ; 1 � t � . �; � i rt . �i�n !lT.� �1,� ��'.�� . �'H:- - : . . E.'}i.tl •�011�itp � 1 . � _ ' . , _ _ — _ / ' I F ii 61..- � �- 1 � ii • : . . � � � 1 ., - 3 �. . _ � f M � 1 ,._._ i Ls �b1 '* 1 T - a Unln�+, I ( � y 1 . �' ti� . � .- , . f� R 4�. ❑ � --,+,�. an 9u1�ms::a �+ � �tFV �.� �� . ., L �: � n�_ �.a �y� i �� t S. t': � ur ] u.',CO] 6.�I_r ?�{' A t �. .,�i.; . 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"�, � K �3j� � � f � _ ,d y ,,,,� , . ; �, _ Y , s - d � s � • � .� v��' � ✓ �✓� � . � � � � � _ *,, � `<.;�� -�s:- aa �+.� �� ',- ,�� r �,�- - �' "1 ' � it:':I It::AI e I'.J 13Tr11:':'1F.t'_ilf1 Pl?11' 2U140PERA710NSPLAN � ..� . p 1,?�10 ?,3C4�� u'Iri uF CU��47E :rl'J�F. M', �:Hrr_ rx� c;usrr. n�i AGGREGATE ' h;�as�kia� FSat 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. 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- Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Nelson Mine Annual Mining Permit January 29, 2014 Page 5 of 6 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 fhe 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 21WA9. All future mining activities will be conducted outside the designated archaeological areas. ►nterim 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. Honorable Mayor, City Council Members and Ryan Schroeder Aggregate Industries — Nelson Mine Annual Mining Permit January 29, 2014 Page 6 of 6 Recommendations That the City Council accepts the Planning Commission's recommendations approving the Nelson Mine annual mining permit application by Aggregate Industry, MWR, LLC's, subject to the conditions recommended by the Planning Commission. Approval of this resolution authorizes Aggregate Industries to operate 24 hours, seven days a week. A copy of the draft resolution is attached. 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,lVlinnesota The NE 1 /4, SE 1/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail� W 1 /2, SE 1 /4, Section 31, Township 27, Range 21; E 1 /2, NE 1 /4, NW '/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail;Wl/2, NE1/4, 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'/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 i/4, NW'/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'/4, SW'/4, Section 25, Township 27, Range 22; S%2, SW %4, SW, Section 25, Township 27, Range 22; NW i/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'/2, NE 1 /4, Section 35, Township 27, Range 22; SE 1 /a, SE L/a, 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 l, Section 6, Township 26, Range 21; N%2, NW 1 /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 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 /a 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 SSll3 Operator: Aggregate Industries - MWR, Inc. 2915 Waters Road, Suite 105 Eagan, MN 55121 Aggregate Industries Aggregate Industries Aggregate Industries Appei 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 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 Coips 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 lalce. 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 Gr•ey Cloud Trai1 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 O�erations 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 warlc 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 Bu�ial Mound Group 21 WA9. Future mining activities will be conducted outside these delineated archaeological areas. The 2014 Operations Plan depicts approximately 255 acres which have been reclaimed to date. The cui7ent 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. The Company's reclamation efforts will follow this concept in general tei�ns. 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 effoi will continue in the area located to the far northwest of the large lalce and north of the main conveyor alignment, as depicted on the 2014 O�erations Plan. Waste sand will continue to be placed in this area, which will ultimately be reclaimed to elevations at least tluee 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 prefened 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 effoz 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 oalc 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 blacic locust was removed and spotted lc�iapweed 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 talcing place. This will be dependent on the brome grass not going dormant early, which would make the spray ineffective. If this occurs, this process will be delayed unti12014. , In 2014, the Company anticipates continued maintenance of the oalc plantings, prairie establishment mowing and spot spraying, as well as possible additional prairie seeding in the acres where the black locust were removed. Acicnowledgement and Signature: Aggregate Industries — MWR, Inc., as the Mining Operator, hereby represents upon all of the penalties of the law, for the puipose of inducing the City of Cottage Grove to grant an Annual Mining Peimit, that all the statements are true and that all worlc 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. , � ' �2� ''�'i�b,y�v By: � Its: �1��= �'�-,� �� C Dated: �� /� Acicnowledgment and Signature: PAS Associates, LTD, as Landowner, hereby consents to the 2014 Operations Plan, as represented by Aggregate Industries - MWR, Inc. .. : Its: Dated: � � � �� ! , . � . .. � �(_ �.�� - '{ i _ ^. . . 6alof� �I f�ili/V�<Ic .. . . - �i� •. �,�� ' � � ,vzlr. � ' � t r � -.. . � .. .-. � . . ' ,:- ' ; .'. r , • � • ' " _ -- r `; � �� (ir - - � t r � �� i , . . . � ' � �' r ^ � � . ' . i ni �, .� . - ti . r . � � �� f . t .� , ' � . � ' �,_ I,. __ <?�� I J �> ) �� ' . ' � ! �; � 4 �._ .. , o � _ �r ` c Legend - � � ' _ T � :?. . '� � . , � �.: 5� , � J Tree Clearing a 1 �. �- - - �"� ""�`�"" Stripping and Mining .. :-. „ . ,_ % - ; � - _ > . i- � ; < < r: .. ' Y >� � Future Mining - ��' �- 1 � � �y�� Established Tree Plantings Wash.�.� � � � -� �"� r ,+ �{ tf f � .: � Proposed Oak Savanah Reclamation , � � _ `. _ � � � Plant ,(% Reclaimed ---- r . 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GCAI.� \ �� I ��. _.-_� moterw 4..a_.,, .�oo :„oo _« PLkTE ms�'N� a�n�a MINING OPERATIONS SUMIII(ARY AGGREGATE INDUSTRIES - NEI.SON MINE YEAR TONS OF CLEARING STRIPPING SLOPE, TOPSOIL, and MINING MATERIAL (Acres) (Acres) SEEDING RECLAMATION PLANTINGS (Acres) ' Monitor oak groves, water, insecticitle spraying, gopher control 14A 2014 75Q000 — 800,000 72 , , 14 48 acres' (approximately) ' and remove sumac and grape iVy. Improve conditions in (approximately) (approximately) ' .existin oak savannah (approx.p 2013 771,757 0 11 57.4 acres (approximately) Monitor oak groves, water, insecticide spraying, gopher control � � and remove sumac and grape ivy. 2012 783,800 0 11' 22 acres Oak saplings monitored; protective devices maintained, antl ' 10.0 install a;gravity water system. 2011 620,000 (est.) 7 10 22 acres 68 oak saplings planted and monitored, protective devices 14.5 maintained, and a gravity water system installed. 201'0 652,000 (actuai) 6 21 22 acres' 60 oak saplings pianted and several huntlretl acoms collected 10.0 and sown. 2009 700,000 (est.) 0 13 12 acres Zero — Oak Savannah Plan 23.0 2008 865,911;(actual) 0 13 21 acres 100 t�ees 46A 2007 1,400,000 (est.) 0 0 12.0 acres 380 trees 26.8 � ( 2005 � 1,700,000 (est.) �I2003 � 1,600,000(est.) �� 2001 � 1,600,000 (est.) � � 1999 ( 1,300,000 (est.) I 1997 1,400,000 (est.) C � 11.0 ac. 12.0 acres 1.5' — 5.0' depths 6.5 ac. 25 acres prepared for reclamation; (3.0' avg. depth) 2 acres for topsoil and seeding � 13.4 ac. ( 2.5' avg. depth) 0 17 0 11.9 0 10.0 0 10.0 13 acres 5.0 acres 11.0 acres 250 trees 1,250 tree seedlings ninimum height of 24") 1,250 tree seedlings (minimum height of 24") 1,100 tree seedlings (minimum height of 24") 1,250 tree seedlings (minimum height of 24") 17.6 14.0 13.0 15.0 15.0 G:/cityfiles/14 CITYFILES/PLANNING/14cityfiles/001MNAggInd2014-01-27/MP2014-001AggindHistoryTable2014-1-27 RESOLUTION NO. 2014-XXX RESOLUTION APPROVING THE 2014 MINING PERMIT FOR AGGREGATE INDUSTRIES, INC. WHEREAS, Aggregate Industries - MWD, LLC 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'/, SE �/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail W �/2, SE'/, Section 31, Township 27, Range 21 E'/, NE �/4, NW'/, Section 31, Township 27, Range 21 South along Grey Cloud Trail W%, NE �/, NW'/4, Section 31, Township 27, Range 21 South along Grey Cloud Trail NW �/, NW '/4, Section 31, Township 27, Range 21 S%, 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 �/, NE'/, Section 36, Township 27, Range 22 N'/, SE �/, Section 36, Township 27, Range 22 Lot 2, Section 36, Township 27, Range 22 Lot 3, Section 36, Township 27, Range 22 SE'/4, SW �/, Section 25, Township 27, Range 22 NE �/, NW �/4, Section 36, Township 27, Range 22 S%2, NW �/4, Section 36, Township 27, Range 22 NW'/4, SW'/, Section 36, Township 27, Range 22 N �/, SW �/4, SW �/, Section 25, Township 27, Range 22 S'/, SW'/4, SW �/4, Section 25, Township 27, Range 22 NW �/4, NW'/, Section 36, Township 27, Range 22 NW'/, SW �/4, Section 36, Township 27, Range 22 N �/, NE'/4, Section 35, Township 27, Range 22 S'/, 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'/, 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 Resolution No. 2014-XXX Page 2 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 750,000 to 800,000 tons of aggregate materials in 2014; and WHEREAS, a notice of application was ing them that the Planning Commission wa� meeting on January 27, 2014; and mailed to neighboring property owners inform- scheduled to review the application at their 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 ap- proval of the mining permit at their January 27, 2014, 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 — MWD, LLC for a mining permit ending January 31, 2015, subject to the following conditions: The provisions as stipulated in Title 3, Chapter 10 of the City's Codes (Mining, Sand, and Gravel Operation) shall be complied with, except as modified below. Resolution No. 2014-XXX Page 3 2. The applicant is responsible for removing any materials that may have spilled onto any public roadway. This material shall be cleaned up immediately. 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 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." Approval 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. Bi- tuminous/asphalt, concrete, and street sweepings originating within the geographi- cal 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. 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. 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 enter- ing 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 21 WA9 and the recorded Grey Cloud Townsite 21 WA48 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 Opera- tions Plan does not guarantee approval or imply future approval of the Harbor Island Concept Plan. Resolution No. 2014-XXX Page 4 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 per- mit 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. 13. As the Oak Savanna Reclamation Plan is implemented, the applicant must con- tinue to update the City on the effectiveness of the reclamation and restoration ac- tivities, 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. Passed the 5th day of February, 2014. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE JANUARY 27, 2014 PLANNING COMMISSION MEETING 6.1 Aggregate Industries 2014 Mining Permit — Case MP2014-001 Aggregate Industries — MWD, LLC has applied for their 2014 mining permit to continue mining operations on Lower Grey Cloud Island. McCool summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. Bob Bieraugel, Aggregate Industries, 2915 Waters Road, Eagan, stated that he would answer any questions from the Commission. Johnson asked if notification of this hearing on the mining permit was sent to neighboring property owners so they could attend to express any concerns. McCool responded that no- tices were mailed. He noted that staff has not heard any complaints or concerns from area residents since 1996 when the dredge was first operational. Johnson asked if this was a quiet operation because it will be operating 24 hours a day, seven days a week. Bieraugel stated that based on only one complaint in almost 20 years seems to indicate that generally the neighbors are not bothered by their operations. Rostad opened the public hearing. No one spoke. Rostad c/osed the public hearing. Brittain made a motion to approve Aggregate Industries 20�4 mining permit, based on the findings of fact and subject to the conditions listed below. Ventura seconded, Findinps 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 noise issues s timely manner. encouraged to immediately contact Aggregate Industries of any � that the problem can promptly be identified and mitigated in a 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. Excerpt from Unapproved Planning Commission Minutes Aggregate Industries 2014 Mining Permit — Case MP2014-001 January 27, 2014 Page 2 of 3 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 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." Approval 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. Bi- tuminous/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.J 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 s/ope where erosion is evident. A drainage swa/e must be constructed at the base of any eroding s/ope to control run-off and divert it to a sedimentation basin before entering any natural drainage system. Erosion control measures must be imple- mented within a reasonable amount of time. 8. Archeological and landmark sites as identified in the burial mound group known as 21 WA9 and the recorded Grey Cloud Townsite 21 WA48 on Lower Grey Cloud ►sland 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 a/l 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. lf a prescribed burn is scheduled, the applicant must notify the City and property owners on Lower Grey Cloud lsland a minimum of five business days before burning. A Excerpt from Unapproved Planning Commission Minutes Aggregate Industries 2014 Mining Permit— Case MP2014-001 January 27, 2014 Page 3 of 3 burning permit from the MN/DNR is required. All oak plantings within the desig- nated oak savanna groves must be replaced with new oak trees and watered during dry conditions to promote their survival. 13.As the Oak Savanna Reclamation Plan is implemented, the applicant must con- tinue to update the City on the effectiveness of the reclamation and restoration ac- tivities, particularly how many acorns are planted and how many oak seedlings are growing. lf the number of trees is low, then another tree planting alternative will need to be discussed. Motion passed unanimously (7-to-0 vote).