HomeMy WebLinkAbout2016-03-02 PACKET 04.F. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM # ��'"
DATE 3/2/16 + .
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST:
Consider adopting the resolution approving the Nelson Mine annual mining permit which
authorizes Aggregate Industries - North Central Region, Inc. to operate 24 hours, seven days a
week at the Nelson Mine, 11250 Grey Cloud Trail on Lower Grey Cloud Island.
STAFF RECOMMENDATION:
Approve the request.
BUDGET IMPLICATION: $N/A $N/A N/A
BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE
ADVISORY COMMISSION ACTION:
DATE REVIEWED APPROVED DENIED
� PLANNING 2/22/15 ❑ � ❑
❑ PUBLIC SAFETY ❑ ❑ ❑
❑ PUBLIC WORKS ❑ ❑ ❑
❑ PARKS AND RECREATION ❑ ❑ ❑
❑ HUMAN SERVICES/RIGHTS ❑ ❑ ❑
❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑
❑ ❑ ❑ ❑
SUPPORTING DOCUMENTS:
� MEMO/LETTER: Memo from John McCool dated 2/24/16
� RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Excerpt from unapproved minutes of 2/22/16 Planning Commission meeting
ADMINISTRATOR'S COMMENTS:
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City Administrator Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
� Grove
�he�e Pride andP�OSPerity Meet
TO: Mayor and Members of the City Council
Charlene Stevens, City Administrator
FROM: John McCool, Senior Planner
DATE: February 24, 2016
RE: Aggregate Industries — Nelson Mine Annual Mining Permit
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 2016 Mining Operations Plan proposes the
following:
• Mine and process between 800,000 to 850,000 tons of aggregate materials.
• Strip topsoil from between 7 to 10 acres west of the existing dredging 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.
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Nelson Mine i� - `?�'��,
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Location Map
A copy of Aggregate Industries— Nelson Plant 2015 Operation Plan is attached.
Honorable Mayor, City Council Members and Charlene Stevens '
Aggregate Industries—Nelson Mine Annual Mining Permit '�
February 24, 2016
Page 2 of 7 '
I
Planning Commission Review !
The Planning Commission held a public meeting on February 22, 2016, for the Nelson Mine an- I
nual mining permit by Aggregate Industries, LLC. Staff summarized the proposed 2016 Mining '
Operation Plan to the Planning Commission.
I
Patty Christiansen, representing Aggregate Industries, attended the Planning Commission �
meeting. The Commission had general comments about the dredge operation. No written or oral '
comments for or against the mining permit application was received. The Planning Commission
unanimously (8-to-0 vote) recommended to the City Council the approval of Aggregate Indus-
tries Nelson Mine 2016 mining permit, subject to the conditions in the planning staff report. �
An excerpt from the Planning Commission's unapproved minutes from their meeting on Feb- ,
ruary 22, 2016 and the draft resolution with conditions recommended by the Commission are i
enclosed.
i
Review Process '
Application Received: January 28, 2016 �
Acceptance of Completed Application: January 28, 2016
Tentative City Council Date: March 2, 2016 '
60-Day Review Deadline: March 27, 2016
,
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 I
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 within the
existing Nelson Mine could be mined for another 15 to 20 years. Aggregate Industries has tempo-
rarily suspended the preparation of an Environmental Impact Statement for mining the area directly
Honorable Mayor, City Council Members and Charlene Stevens ;
Aggregate Industries—Nelson Mine Annual Mining Permit ,
February 24, 2016 I
Page 3 of 7
�
south of the eastern end of Lower Grey Cloud Island. This area was referred to as the "Mississippi ;
River backwaters" adjacent to the main island. Aggregate Industries estimated that underwater
mining the backwaters area would add an additional 20 years based on current 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 2015 Mining Permit application. With some exceptions, the proposed I
2016 Operations Plan generally replicates landforms and topography as approved in 1982. ;
I
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. Its de-sanding capability and ''
initial crusher that crushers rocks to smaller than six inches in size allows the operator to reclaim
up to 400 tons of sand per hour without unnecessary re-handling. The dredge can mine 1,200 �
tons of aggregate material per hour at 60 feet below the water surface. This year's mining plan
proposes a mining depth between 90 to 125 feet.
Mining Operations ,
After the material is excavated by the dredge, the mined aggregate is transported by a conveyor ''
system that is about 1.7 miles long to the processing plant located at the west side of Lower
Grey Cloud Island. The processing operations include crushing, washing, sorting aggregate and �
sand materials by size, and then loading onto barges or trucks. '
The majority of the material is transported by barge up the Mississippi River to distribution yards
in St. Paul and Minneapolis. Last year, approximately 688,431 tons (approximately 95 percent) of
the materials were transported by barge. Approximately 1,651 tons was transported by truck to '
State Trunk Highway 61 and approximately 36,215 tons (approximately 5 percent) were trans-
ported to the ready mix facility on-site. The trucks generally travel 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
i
Proposed Mining Operations
The 2016 Operation Plan does propose to remove trees and brush from an area that is between 7 '
to 10 acres located west of the existing dredging operation. Stripping of topsoil will be conducted in
an area that is between 7 to 10 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 strip- �
ping topsoil is proposed to occur west of the current dredge location.
Honorable Mayor, City Council Members and Charlene Stevens
Aggregate Industries— Nelson Mine Annual Mining Permit
February 24, 2016
Page 4 of 7
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Proposed 2016 Operations Plan
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 dur-
ing their 2016 operations, but is interested in mining these areas sometime in the future. Because
of potential environmental impacts mining in the backwaters might have, Aggregate Industries had
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 environmen-
tal rules and the National Environmental Policy Act. The draft EIS document was scheduled to be
completed in late 2012. Aggregate Industries has temporarily suspended the preparation of an
EIS. If the preparation of the EIS proceeds, the Planning Commission will have the opportunity to
review the EIS document in the future. The City's review of their 2016 Mining Permit application
does not include any approval to mine within the backwaters or main river channel.
Reclamation Plan
The 2016 Operations Plan shows most of the Nelson Mine perimeters have been reclaimed or are
undisturbed buffers. In 2016, site preparation for reclamation will continue in the central area of the
Nelson Mine area and along the south side of the larger body of water located in the southeast
corner of the mine. Areas where waste-sand will be deposited will be north of the conveyor system
and along the south embankment south of the dredging operation. Stabilizing the shoreline around
all water bodies within the mine area will also continue.
Honorable Mayor, City Council Members and Charlene Stevens
Aggregate Industries— Nelson Mine Annual Mining Permit
February 24, 2016
Page 5 of 7
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 60 oak saplings were planted and mulched in
the oak savanna plots. Fencing was placed around the plots to delineate and deter the deer from
these protected groves. In 2011, another 68 oak saplings were planted in three new groves. In
2013 and 2014, competing woody vegetation was removed from the fenced areas and fencing was
repaired.
In 2013 and 2015, Aggregate Industries monitored the oak groves and initiated preventive
measures to ensure their establishment. These measures included watering, insecticide spraying,
gopher control, and removal of competing sumac and grape ivy. An inspection of these oak sa-
vanna plots in the fall of 2013 and in July 2014 found many dead oak plantings. As a condition
approving the annual mining permit for 2016, all the dead oak trees within the designated oak
savannah groves must be replaced with new tree plantings and watered during dry weather condi-
tions to promote their survival.
In 2015, maintenance of the existing oak plantings continued and prairie establishment work took
place. This included prairie hand seeding bare spots on ten acres of the Interlachen Prairie.
To identify mining and restorations operations between 2015 and the 2016 plans, a copy of both
plans are shown below. The circular shapes highlighted in bold pastel green on the 2016 Operation
Plan identifies the primary changes since the 2015 Plan.
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2015 Operations Plan
Honorable Mayor, City Council Members and Charlene Stevens
Aggregate Industries—Nelson Mine Annual Mining Permit
February 24, 2016
Page 6 of 7
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- - �� ' - _._.
Proposed 2016 Operations Plan
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 21WA9. All future mining
activities will be conducted outside the designated archaeological areas.
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 was granted an interim conditional use permit for the production of concrete cast-
ings 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 is used in mixing cement for produc-
ing concrete castings for bridge sections. This interim use is located north of Aggregate Industries'
existing processing plant location and the interim conditional use permit for this facility will expire
December 31, 2016. A zoomed-in image of this temporary facility is shown below.
Honorable Mayor, City Council Members and Charlene Stevens
Aggregate Industries— Nelson Mine Annual Mining Permit
February 24, 2016
Page 7 of 7
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Temporary Concrete Casting Facility
Meeting Notices
A meeting notice was mailed to 15 property owners who are within a half-mile of the mine.
These notices were mailed on February 10, 2016.
City Department Review
Aggregate Industries' 2016 mining permit application was distributed to other City departments.
No comments or recommendations were received.
Recommendation
That the City Council accepts the Planning Commission's recommendations approving Aggre-
gate Industries, MWR, LLC's annual mining permit application for their ongoing excavation and
processing of aggregate materials in the Nelson Mine, subject to the conditions recommended by
the Planning Commission, which are included in the attached draft resolution. Approval of this
resolution authorizes Aggregate Industries to operate 24 hours, seven days a week.
i
�
RESOL.UTION NO. 2016-XXX
RESOLUTION APPROVING THE 2016 MINING �
PERMIT FOR AGGREGATE INDUSTRIES, INC.
WHEREAS, Aggregate Industries - North Central Region, Inc. has made application for
their annual mining permit to excavate and process aggregate material on Lower Grey Cloud
Island on the property legally described as: ',
I
NE '/4, SE '/, Section 31, Township 27, Range 21, South along Grey Cloud Trail
W %, SE �/, Section 31, Township 27, Range 21 ,
E �/2, NE '/, NW �/, Section 31, Township 27, Range 21 South along Grey Cloud i
Trail
W '/z, NE �/4, NW �/4, Section 31, Township 27, Range 21 South along Grey Cloud ,
Trail '
NW '/4, NW '/, Section 31, Township 27, Range 21 I
S �/2, NW '/, 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 �/, NE %4, Section 36, Township 27, Range 22 �
S %2, NE %, Section 36, Township 27, Range 22
N �/2, SE %4, Section 36, Township 27, Range 22 I
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 i
NE �/, NW '/, 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 �/, SW '/4, Section 25, Township 27, Range 22 ;
S �/2, SW '/, SW �/, Section 25, Township 27, Range 22
NW �/, NW '/4, Section 36, Township 27, Range 22
NW '/, SW '/, Section 36, Township 27, Range 22
N �/2, NE �/, Section 35, Township 27, Range 22 ;
S �/2, NE '/, Section 35, Township 27, Range 22 '
SE ��4� SE �/, Section 26, Township 27, Range 22
Lot 5, Section 35, Township 27, Range 22 !
Lot 3, Section 6, Township 26, Range 21
Lot 2, Section 6, Township 26, Range 21
Lot 1, Section 6, Township 26, Range 21 ;
N �/2, NW '/4, Section 5, Township 26, Range 21
Lot 4, Section 5, Township 26, Range 21
Lot 3, Section 5, Township 26, Range 21 !
N �/2, NE '/, Section 5, Township 26, Range 21
Lot 2, Section 5, Township 26, Range 21
Lot 1, Section 5, Township 26, Range 21 ;
Lot 1, Section 4, Township 26, Range 21 '
NE '/4, SW �/4, Section 36, Township 27, Range 22
I
Resolution No. 2016-XXX
Page 2 ,
Lot 5, Section 35, Township 27, Range 22
I
WHEREAS, the applicant proposes to continue mining activities and operation at prop- i
erty located at 11250 Grey Cloud Trail South; and
WHEREAS, the applicant intends to mine and process approximately 800,000 to
850,000 tons of aggregate materials in 2016; and
WHEREAS, a notice of application was mailed to neighboring property owners inform- I
ing them that the Planning Commission was scheduled to review the application at their
meeting on February 22, 2016; and ',
WHEREAS, the application requests a variance to the standards of the sand and gravel
ordinance to allow 24-hour operation seven days a week; and '
WHEREAS, crushing operations are proposed; and '
WHEREAS, the applicant was present at the meeting and no one from the public spoke
for or against the permit application; and ,
WHEREAS, the Planning Commission unanimously (8-to-0 vote) recommended ap-
proval of the mining permit at their February 22, 2016, meeting.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Cottage Grove, I
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: j
�
A. The city has allowed the dredge to operate 24 hours per day seven days per i
week since 1995 when the dredge was first installed. �
B. Since the dredge has been operation, only one noise complaint was received by i
the city. That complaint was received in 1996. The applicant was contacted and
the problem was resolved in a timely manner.
i
C. Residents are encouraged to immediately contact Aggregate Industries of any
noise issues so that the problem can promptly be identified and mitigated in a
timely manner.
;
D. The variance relating to the hours of operation will be evaluated annually.
BE IT FURTHER RESOLVED, the City Council of the City of Cottage Grove,
�
Washington County, Minnesota, approves the request by Aggregate Industries — North Central �
Region, Inc. for a mining permit ending January 31, 2017, subject to the following conditions: i
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.
�
i
Resolution No. 2016-XXX I
Page 3
2. The applicant is responsible for removing any materials that their equipment and/or '
trucks may have spilled onto any public roadway. This material shall be cleaned up �
immediately. �
3. The outer limits of their mining operations must be a minimum of 100 feet from
abutting public right-of-way, private property, or any archeological sensitive area. I
4. The "future mining" designation on the 2016 Operations Plan is only an illustration �
of the applicant's future desire to mine in those areas. City approval of the 2016
Operations Plan does not guarantee mining permit approval for areas shown as
"future mining."Approval of the 2016 Mining Permit does not approve their ability to '
mine within the required 200-foot setback from the Mississippi River, within the I
Mississippi River itself, or in the vicinity of archeological sensitive areas. ;
5. 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. Bituminous/asphalt '
materials are prohibited from being buried on the premises.
6. The applicant may operate the mining operation 24 hours a day, 7 days a week.
Upon notification by neighboring residents that the night-time operations (i.e. ,
between the hours of 10:00 p.m. and 6:00 a.m.) are disturbing, the applicant agrees
to voluntarily cease operation during night-time hours until such time the noise
source is identified and appropriate corrections are made.
7. Aggregate Industries must install erosion control devices at the base of any slope �
where erosion is evident. A drainage swale must be constructed at the base of any �
eroding slope to control run-off and divert it to a sedimentation basin before '
entering any natural drainage system. Erosion control measures must be
implemented within a reasonable amount of time. '
8. Archeological and landmark sites as identified in the burial mound group known as i�
21WA9 and the recorded Grey Cloud Townsite 21WA48 on Lower Grey Cloud
Island must be protected and undisturbed.
9. All archeological, landmark sites, and existing burial mounds must be protected
from being damaged or adversely impacted from vehicles or equipment traveling in �
the vicinity of these historic 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 2016
�
Resolution No. 2016-XXX
Page 4
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 vali ;
, , d. If a prescribed
burn is scheduled, the applicant must notify the City and property owners on Lower i
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 I
conditions to promote their survival.
13. As the Oak Savanna Reclamation Plan is implemented, the applicant must i
continue to update the City on the effectiveness of the reclamation and restoration �
activities, particularly how many acorns are planted and how many oak seedlings '
are growing. If the survival number of trees is low, then another tree planting I
alternative will need to be discussed. �
Passed the ,�d day of March 2016.
�
Myron Bailey, Mayor
Attest:
i
Joe Fischbach, City Clerk �
i
;
I
EXCERPl' FROM UNAPPROVED IVIINU°TES OF 7'HE
FEBRUARY 22, 2016, PLANNING COMMISSION MEETING ,
'
6.7 Aggregate Industries — Case MP2016-011 ;
Aggregate Industries — North Central Region, Inc. has applied for the 2016 mining ',
permit to continue their mining operations at 11250 Grey Cloud Trail on Lower Grey I
Cloud Island.
McCool summarized the staff report and recommended approval subject to the ;
conditions stipulated in the staff report. I
Patty Christensen, Aggregate Industries, 2815 Dodd Road, Eagan, stated that they ,
expect no major changes to their operations in 2016, which will be consistent with ,,
what they have been doing in the past. The majority of their material will continue to �
be barged off site to their distribution yard in St. Paul. �
Brittain asked about the bridge construction concrete casting facility, which is '
supposed to be completed in 2016. Christensen responded that later this year they
will be requesting an amendment to their interim conditional use permit for that
operation as the project is behind schedule.
Brittain asked if anyone in the audience wanted to speak about this application. No
one spoke. j
Graff made a motion to recommend that the City Council approve Aggregate �
Industries 2016 mining permit and variance based on the findings of fact and
subject to the conditions listed in the staff repori; Zopfi seconded,
�
Motion passed unanimously(8-to-0 vote). '
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AGGREGATE
INDUSTRIES
Aggregate Industries — Nelson Sand & Gravel
Cottage Grove, Minnesota
2016 Mine Plan
January, 2016 REC V
JAN 2 7 2016
CITY 0� COTTAGE GROVE
Aggregate Industries
Nelson Sand & Gravel
11250 Grey Cloud Trail South
Cottage Grove, Minnesota
Property Legal Description
The NE 1/4, SE 1/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail; W 'h,
SE 1/4, Section 31, Township 27, Range 21; E'/Z, NE' /a, NW '/a, Section 31, Township 27,
Range 21, South along Grey Cloud Trail;WI/2, NEIA, NW '/, Section 31, Township 27, Range
21, South along Grey Cloud Trail; NW '/, NW %, Section 31, Township 27, Range 21; S%, NW
/, Section 31, Township 27, Range 21; E %2, SW '/a, Section 31, Township 27, Range 21; Lot 1,
Section 31, Township 27, Range 21; N'/2, NE 1/4, Section 36, Township 27, Range 22; S %z, 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 '/a, SW '/4,
Section 25, Township 27, Range 22; NE '/4, NW '/a, Section 36, Township 27, Range 22; S %2,
NW '/, Section 36, Township 27, Range 22; NW '/a, SW '/a, Section 36, Township 27, Range 22;
N'/2, SW '/, SW '/, Section 25, Township 27, Range 22; S %2, SW %, SW, '/<, Section 25,
Township 27, Range 22; NW '/a, NW Y, Section 36, Township 27, Range 22; NW '/o, SW '/,
Section 36, Township 27, Range 22; N %, NE Y4, Section 35, Township 27, Range 22; S %z, NE
/, Section 35, Township 27, Range 22; SE '/a, SE '/<, Section 26, Township 27, Range 22; Lot 5,
Section 35, Township 27, Range 22; Lot 3, Section 6, Township 26, Range 21; Lot 2, Section 6,
Township 26, Range 21; Lot 1, Section 6, Township 26, Range 21; N %2, NW ''/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 %, 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 '/n SW '/a 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 - NCR, Inc.
2815 Dodd Road, Suite 101
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
Mining Operations
12073 Grey Cloud Trail South
Cottage Grove
12075 Grey Cloud Trail South
Cottage Grove
12085 Grey Cloud Trail South
Cottage Grove
11395 Grey Cloud Trail South
Cottage Grove
11975 Grey Cloud Trail South
Cottage Grove
11971 Grey Cloud Trail South
Cottage Grove
11701 Grey Cloud Trail South
Cottage Grove
10971 Grey Cloud Trail South
Cottage Grove
10870 Grey Cloud Trail South
St. Paul Park
11523 Grey Cloud Trail South
Cottage Grove
11973 Grey Cloud Trail South
Cottage Grove
10971 Grey Cloud Trail South
Cottage Grove
11881 Grey Cloud Trail South
Cottage Grove
11500 Grey Cloud Trail South
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. The Company has, at least
temporarily, suspended the preparation of an Environmental Impact Statement for mining the
backwaters adjacent to the main island. The addition of this proposed underwater mining area
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 a peninsula within the lake, to the south shoreline or into the
deepest part of the excavation for reclamation. 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 800,000 to 850,000 of aggregate in 2016.
The majority of the material from the Nelson Sand & Gravel facility is transported by barge up
the Mississippi River to the Company's distribution yards in St. Paul and Minneapolis. In 2015,
650,565 tons of aggregate were transported up river. In addition, 1,651 tons were transported by
truck on Grey Cloud Trail South to 103'd Street, east to Hadley Avenue, north to 100x' Street,
then to U.S. Highway 61 and 36,215 tons were transported to the ready mix facility on-site.
In 2016, the Company expects to complete mining within the area that has been previously
stripped. Additional stripping will take place on approximately 7 to 10 acres in the area
identified as "Stripping" (refer to the 2016 Operations Plan). Loaders, scrapers and haul trucks
will remove the topsoil and overburden material, which will be spread in the area south of the
conveyor and north of the future mining depicted as "Site Prep for Reclamation." 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 WAR Future mining activities will be conducted
outside these delineated archaeological areas.
Reclamation
The 2016 Operations Plan depicts roughly 265 acres which have been reclaimed to date.
The current plan for reclamation of Lower Grey Cloud Island is depicted on the Landowner's
attached Harbor Island Concept Plan. This concept proposes a planned unit development of
mixed residential, commercial and marina uses. The Company's reclamation efforts will follow
this concept in general terms.
Ongoing reclamation efforts will continue in 2016 and beyond, by creating the large lake and
peninsula, 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. In 2015, approximately 10 acres
on the east shore of the large lake was reclaimed; topsoil was spread and dormant seeding took
place in late October using a native seed mix. Additionally, a prescribed burn took place on
approximately 14 acres of previously established native prairie to control the growth of brush
and trees (refer to the 2016 Operations Plan).
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 2016 Operations Plan. Waste sand
will continue to be placed in the area, which will ultimately be reclaimed to elevations at least
three feet higher than the 100 -year flood plain.
In 2010, the Company implemented an Oak Savanna and Prairie 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 and prairie. 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 Oak Savanna and Prairie
Reclamation area depicted on the 2016 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 2014, maintenance of the existing oak plantings continued and prairie establishment work
took place. This included prairie hand seeding bare spots on 10 acres of the restoration area.
Tree planting occurred in the fall and included "local ecotype" plantings of: 42 small pin oaks, 2
large pin oaks, 2 large hackberrys, 10 ninebark shrubs and 3 sand cherry shrubs. Maintenance
work consisting of black locust control, sweet clover and crown vetch control also took place in
2014.
In 2015, work continued in the Oak Savanna and Prairie Reclamation area which included tree
and shrub maintenance, herbaceous invasive species control and black locust removal.
In 2016, the Company will continue maintenance work in this area, including maintenance of the
tree grove and prairie invasive species control. In addition, foliar treatment of root sprouts will
take place where black locust trees were removed in 2015.
(The Remainder of this page left blank intentionally)
SRN -27-2016 11:12A FROM:HUGH SCHILLING 4808168431 TO:16516838108 P.1/1
Acknowledgement and Signature: Aggregate Industries — NCR, 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 Industtries — NCR, Inc.
BY. l —
Its: Lo\nd
Dated: �(�tnuG
foan(akt----
Acknowledgment and Signature: PAS Associates, LTD, as Landowner, hereby consents to the
2016 Operations Plan, as represented by Aggregate Industries - NCR, Inc.
PAS Associates, LTD
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