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Home My WebLink About2017-01-23 PACKET 06.2.STAFF REPORT CASE: MP17-006 ITEM: 6.2 PUBLIC MEETING DATE: 1/23/17 TENTATIVE COUNCIL REVIEW DATE: 2/15/17 APPLICATION APPLICANT: Aggregate Industries — North Central Region, Inc. REQUEST: 2017 Mining Permit to continue their mining operations on Lower Grey Cloud Island (Nelson Mine). SITE DATA LOCATION: ZONING: GUIDED LAND USE: 11250 Grey Cloud Trail South 1-4, Commercial Excavation District Transition Planning Area LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Mooers Lake Mooers Lake EAST: Rural Residential Rural Residential SOUTH: Mississippi River Mississippi River WEST: Mississippi River Mississippi River SIZE: Stripping and Mining Area = approximately 7 to 10 acres DENSITY: RECOMMENDATION Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. Cottage � Grove COTTAGE GROVE PLANNING DIVISION %ere Pride and p,o,Poity Meet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; rove. org Application Accepted: 12/22/16 60 -Day Review Deadline: 2/20/17 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Aggregate Industries — Annual Mining Permit Planning Case No. MP2O17-006 January 23, 2017 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 2017 Mining Operations Plan proposes the following: • Mine and process approximately 600,000 tons of aggregate materials. • Strip topsoil approximately 14 acres northwest of the existing dredge location. • 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 2017 Operation Plan is attached. Planning Staff Report— Planning Case No. MP2017-006 Nelson Mining Plant —Annual Mining Permit January 23, 2017 Page 2 of 10 Review Process Application Received: December 22, 2016 Acceptance of Completed Application: December 22, 2016 Tentative City Council Date: February 15, 2017 60 -Day Review Deadline: February 20, 2017 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 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 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 shown below. With some exceptions, the proposed 2017 Operations Plan generally replicates landforms and topography as approved in 1982. Planning Staff Report— Planning Case No. MP2017-006 Nelson Mining Plant —Annual Mining Permit January 23, 2017 Page 3 of 10 `'tT�MIS5155tPe LOWER GREY CLOUD ISLAND 161 1, 1982 Reclamation Plan In 2000, the property owners of the Nelson Mine site had a development concept plan prepared. The purpose of this concept plan was to show the landowners' desired future uses within their property ownership. The plan proposed a commercial marina in the vicinity of the existing processing plant, mixed residential uses, commerical, and public open spaces. The concept plan is shown below. Pat Pod cww*" %0,46 H Id td Frei =¢h oz. cte, +OIW Arca hrdan Kzros Slonvwkr Pualxn 5!rix rwd CdSMvx • PaMI P FIInl SOC E MWOW Brawl MW Inlerpr"o Silt FuClk Baa; (.1wo "tic kith !-Canoe bonen i CWerty F'*Jd -ante i aM Hlgo k Boal krorq - J Irdian MaurM5 Harbor Island SIENNA '9I;PpitaT101 L�r,�.�r+r. rrreuru..r <:mlGgaamGrmp 2000 Concept Plan Planning Staff Report — Planning Case No. MP2017-006 Nelson Mining Plant —Annual Mining Permit January 23, 2017 Page 4 of 10 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 continues to extract aggregate materials below the water surface that is 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 1.8 miles long to the processing plant located at the northwest side of Lower Grey Cloud Island. The processing operations include crushing, washing, sorting, and stockpiling aggregate materials by size. These materials are 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 517,830 tons (approximately 95.3 percent) of the materials were transported by barge. Approximately 156 tons was transported by truck to State Trunk Highway 61 and approximately 25,500 tons (approximately 4.6 percent) was 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 Proposed Mining Operations The 2017 Operation Plan does propose to remove trees and brush from an area that is approxi- mately 1.5 acres located west of the existing dredging operation. Stripping of topsoil 2 to 10 feet in depth will be conducted in an area that is approximately 14 acres in area. This area is located northwest of the existing dredging operation. Loaders, scrapers, and haul trucks will stockpile this material for later reclamation or immediately be placed on a reclaimed area. The conveyor system will continue to be used for transporting the aggregate materials from the dredge to the processing plant. The conveyor system and dredge are electrically operated. For this reason, sounds emanating from these activities have not been cause any complaints from neigh- boring property owners. The site of the temporary concrete ready mix plant and temporary concrete bridge casting pro- duction plant is located in the northwest corner of the Nelson Mine. This temporary facility was approved by the City in 2014 and is labeled "Operational Area" on the 2017 Operation Plan. The large building and most of the concrete mixing plant equipment was removed from this site. Aggregate Industries will finish restoration of this area in a couple years. This area will be used for additional product storage and will be filled with 3 to 5 feet of waste sand or dredge sand be- Planning Staff Report — Planning Case No. MP2017-006 Nelson Mining Plant—Annual Mining Permit January 23, 2017 Page 5 of 10 fore it is reclaimed. Depositing fill materials within the floodway and floodway fringe (below the 700 foot mean sea level elevation) is prohibited. The 2017 Operation Plan is shown below and attached to this planning staff report. AGGREOATERICUSTRIES-RELSON PLANT �- 2017 OPERATIONS PLAN 0 1,200 2,400 ; CITY OF COTTAGE GROVE, WASHINGTON COUNTY, LIN AGGREGATE Feet INDUSTRIES Proposed 2017 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 2017 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 2017 Mining Permit application does not include any approval to mine within the backwaters or main river channel. Planning Staff Report— Planning Case No. MP2017-006 Nelson Mining Plant—Annual Mining Permit January 23, 2017 Page 6 of 10 Reclamation Plan The 2017 Operations Plan shows most of the Nelson Mine perimeters have been reclaimed or are undisturbed buffers. In 2017, site preparation for reclamation will be approximately nine acres of land located along the east slope of the pit area. This reclamation will be prairie seeding. Approxi- mately 43 acres of land centrally located within the Nelson Mine area will be prepared for reclama- tion. Reclamation of this relatively large area will take several years to complete. Reclamation will continue in creating a large lake and peninsula centrally located within the Nelson Mine. Stabilization and establishing slopes along the perimeter of water bodies will continue. These areas will also be re -vegetated with native seed mix. Periodically, a prescribed burn might take place on previously established native prairies to control the growth of undesirable brush and tree species. Waste -sand will be deposited north of the conveyor system and along the south embankment of the larger water body in the mined area. Stabilizing the shoreline around all water bodies within the mine area will also continue. 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 ap- proving the annual mining permit for 2016, all the dead oak trees within the designated oak savan- nah groves must be replaced with new tree plantings and watered during dry weather conditions 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 2016 and the 2017 Operation Plans, both plans are shown below. Planning Staff Report — Planning Case No. MP2017-006 Nelson Mining Plant —Annual Mining Permit January 23, 2017 Page 7 of 10 AGGREGATE INDUSTRIES NELSON PLANT 2016 OPERATIONS PLAN 0 1,200 2,400 t. CITY OF COTTAGE GROVE, WASHWOTON COUNTY, NN AGGREGATE Feel INDUSTRIES 2016 Operations Plan iU[+4QAT(H.V6'11>:R41LON FlAY1 A �_, M? OPERAT10N7 PLAN ai• C 12,11) 2,'�6 OTY Cf C07 -04C 0Rb.E- YASN aT61 CC1,WRY. UN AGGREGATE ' rL� t Proposed 2017 Operations Plan Planning Staff Report — Planning Case No. MP2017-006 Nelson Mining Plant—Annual Mining Permit January 23, 2017 Page 8 of 10 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. Meeting Notices A meeting notice was mailed to 18 property owners who are within a half -mile of the mine. These notices were mailed on January 11, 2017. City Department Review Aggregate Industries' 2017 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 electric 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 prob- lem 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 2017 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 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. 4. The "future mining" designation on the 2017 Operations Plan is only an illustration of the applicant's future desire to mine in those areas. City approval of the 2017 Operations Planning Staff Report— Planning Case No. MP2017-006 Nelson Mining Plant —Annual Mining Permit January 23, 2017 Page 9 of 10 Plan does not guarantee mining permit approval for areas shown as "future mining." Ap- proval of the 2017 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 vicin- ity 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 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. 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 land- owner have considered. The City's approval of the 2017 Operations Plan does not guar- antee 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. 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- Planning Staff Report — Planning Case No. MP2017-006 Nelson Mining Plant —Annual Mining Permit January 23, 2017 Page 10 of 10 larly how many acorns are planted and how many oak seedlings are growing. If the sur- vival number of trees is low, then another tree planting alternative will need to be discussed. 14. Depositing fill materials within the floodway and floodway fringe (below the 700 foot mean sea level elevation) is prohibited. Prepared by: John McCool, AICP Senior Planner Attachments: 2017 Mining Permit Application Historic Summary of Mining Operations 2017 Operations Plan Map Q 'D'^ v/ N z O r 9 W CL O W C_z G z O N J W z W Cl) z Zd LO aoO O o o 0 o ao o co ,n o CO O o C) 0 L O N 00 CO O O N �' N O CD t� C C Q c cc jJ . 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AGGREGATE INDUSTRIES Aggregate Industries — Nelson Sand & Gravel Cottage Grove, Minnesota 2017 Mine Plan RECEIVED DEC222016 December, 2016 CITY OF COTTAGE GROVE Aggregate Industries Nelson Sand & Gravel 11250 Grey Cloud Trail South Cottage Grove, Minnesota Property Legal Description The NE'/, SE 1/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail; W'/2, SE '/, Section 31, Township 27, Range 21; E %2, NE '/, NW '/a, Section 31, Township 27, Range 21, South along Grey Cloud Trail;Wl/2, NEI/4, NW 1/, Section 31, Township 27, Range 21, South along Grey Cloud Trail; NW 1/a, NW 1/, Section 31, Township 27, Range 21; S'/2, NW 1/a, 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 1/2, NE '/a, Section 36, Township 27, Range 22; S '/2, NE 1/, Section 36, Township 27, Range 22; N %2, SE 1/a, Section 36, Township 27, Range 22; Lot 2, Section 36, Township 27, Range 22; Lot 3, Section 36, Township 27, Range 22; SE 1/, SW '/, Section 25, Township 27, Range 22; NE %, NW 1/, Section 36, Township 27, Range 22; S %2, NW 1/, Section 36, Township 27, Range 22; NW 1/, SW 1/, Section 36, Township 27, Range 22; N %2, SW 1/, SW '/a, Section 25, Township 27, Range 22; S 1/2, SW '/, SW, 1/, Section 25, Township 27, Range 22; NW 1/, NW 1/a, Section 36, Township 27, Range 22; NW 1/a, SW 1/, Section 36, Township 27, Range 22; N %2, NE %, Section 35, Township 27, Range 22; S ''/2, NE 1/, Section 35, Township 27, Range 22; SE '/, SE 1/, 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 %2, NE 1/, 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 1/ 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 15years. 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 15-20 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 coarse aggregate blend is then conveyed to the processing plant where it is crushed, washed, sorted by size and loaded onto barges. The plant is expected to produce approximately 600,000 of aggregate in 2017. The majority of the material from the Nelson Sand & Gravel facility is transported by barge up the Mississippi River to the Company's distribution yard in St. Paul. In 2016, roughly 517,830 tons of aggregate were transported up river. In addition, roughly 156 tons were transported by truck on Grey Cloud Trail South to 103`d Street, east to Hadley Avenue, north to 100th Street, then to U.S. Highway 61, and another 25,500 tons were transported to the ready mix facility on- site. 3 In 2016, the Company expects to complete mining within the area that has been previously stripped. Additional stripping will take place on approximately 14 acres in the area identified as "Stripping" (refer to the 2017 Operations Plan). Excavators, dozers 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 10 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 WA9. Future mining activities will be conducted outside these delineated archaeological areas. Reclamation The 2017 Operations Plan shows the area where the St Croix Crossing Casting plant was located as "Operational Area." That area will not be reclaimed for several years. It will be utilized for additional product storage and will be filled with 3 to 5 feet of waste sand or dredge sand before it is reclaimed. The 2017 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 2017 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 2016, approximately 10 acres on the east shore of the large lake was re -seeded 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. 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 2017 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 4 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, maintenance work continued in both areas, including maintenance of the tree groves and prairie invasive species control. In addition, foliar treatment of root sprouts took place where black locust trees were removed in 2015. In 2017, the Company will continue maintenance work of the tree groves and prairie invasive species control. Foliar treatment of black locust root sprouts will take place where black locust trees were previously removed and additional black locust trees will be removed south of the main entrance to the facility. A 20 acre burn will also take place along the eastern side of the lake. (The Remainder of this page left blank intentionally) 5 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 u9 'es. -N, c. By: Dated: z 6/ Its: �fh" CiV146 , 0/- 1R40S'6WcC,Q5 Acknowledgment and Signature: PAS Associates, LTD, as Landowner, hereby consents to the 2016 Operations Plan, as represented by Aggregate Industries - NCR, Inc. ,S Associates, LT 01: ✓ Dated: % Its 6 � N � 1 n' .• 0 \ µ CL 0 IN CD 75 Ll� • Y Stcl'• • 70 • n • ','F i IIIII 1 LLI RKI �• �• � � LTi � ``q s �' ?� T e. , •^ � j - 'ice �4�+ � •�—^-e�-^-r _ ` � i "f`. 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