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Home My WebLink About2018-02-15 PACKET 06.1STAFF REPORT CASE: MP18-010 ITEM: 6.1 PUBLIC MEETING DATE: 2/15/18 TENTATIVE COUNCIL REVIEW DATE: 2/21/18 APPLICATION APPLICANT: Aggregate Industries — North Central Region, Inc. REQUEST: 2018 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 13 acres DENSITY: Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. Cottage COTTAGE GROVE PLANNING DIVISION L,. � Grove "'ere pride aodprosperity Meet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; jmccool(u�cottage-grove.org Application Accepted:. 12/28/17 60 -Day Review Deadline: 2/26/18 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 STAFF REPORT CASE: MP18-010 ITEM: 6.1 PUBLIC MEETING DATE: 2/15/18 TENTATIVE COUNCIL REVIEW DATE: 2/21/18 APPLICATION APPLICANT: Aggregate Industries — North Central Region, Inc. REQUEST: 2018 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 13 acres DENSITY: Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION here Pride ar-a Prosperity Meet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; jmccool cottage-grove.org Application Accepted:. 12/28/17 60 -Day Review Deadline: 2/26/18 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. MP2O18-010 February 15, 2018 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 2018 Mining Operations Plan proposes the following: • Mine and process approximately 800,000 tons of aggregate materials. • Clear cutting and strip topsoil on approximately 13 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 2018 Operation Plan is attached. Planning Staff Report— Planning Case No. MP2018-010 Nelson Mining Plant —Annual Mining Permit February 15, 2018 Page 2 of 11 Review Process Application Received: December 28, 2017 Acceptance of Completed Application: December 28, 2017 Tentative City Council Date: February 21, 2018 60 -Day Review Deadline: February 26, 2018 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. MP2018-010 Nelson Mining Plant —Annual Mining Permit February 15, 2018 Page 3 of 11 �r LOWER GREY CLOUD ISLAND i �—RiVLR=c Noun_-arcyt __ � 0.e CHAP VAN A.I C.P. 1 ��= M SWS l[EBO 6T. PTUL. [SO_ �tewrNYr J.L. SHIELY COMPANY 3 6CHI1L fAAVLY S • $ � i � � ST. PAUL. NIHNESOTn HE.� .ate MIN NIO PLAN 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 IL Pow I a:I to tofu ^'�..— Comww" kute - hfdln'eyjV3 _ Sturtnr.:a Fdualxn St*, NA Gdcftux Pam9e PW 54E H Idle ream/ f =¢n IMt M? -tpit8 uta:" accts Baldwin Lak N S40 ErOr� /de2Gov C.2m ►elrtMNPr.iv. str -Public Baal faurM R.OtK; de�[n � �� Kano¢ taurtn /" f Currattr tsdd'rivate i .va _ - HlsrakBaallinNr� • Irdgn MEwbi � ,t. tt:xror�P,? Sce Ptrr 4'ekSa3na-r �' Harbor .Island SIENNA - COHPINLITIQP .�r,rar». mruru.•r tnlr4km arwp 2000 Concept Plan Planning Staff Report— Planning Case No. MP2018-010 Nelson Mining Plant —Annual Mining Permit February 15, 2018 Page 4 of 11 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 2.2 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 loaded 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 600,000 tons (approximately 99.8 percent) of the materials were transported by barges. Approximately 1,300 tons were transported by truck to State Trunk Highway 61 and approximately 1,300 tons (approximately 0.002 percent) was trans- ported along Grey Cloud Trail and 103rd Street to Highway 61. The trucks generally travel on Grey Cloud Trail to 103rd Street, east to Hadley Avenue, north to 100th Street, and then to U.S. High- way 61. The barge fleeting facility can store approximately 18 barges. A single barge can carry be- tween 1,200 to 1,300 tons. A summary of the Nelson Mining operations since 2000 is attached. Planning Considerations Proposed Mining Operations The 2018 Operation Plan does propose to remove trees and brush from an area that is approxi- mately 13 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 13 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 and ap- proximately 2.2 miles long. Sounds emanating from these activities have not been cause for any complaints from neighboring property owners. The site of the temporary concrete ready mix plant and temporary concrete bridge casting pro- duction plant was located in the northwest corner of the Nelson Mine. This temporary facility was approved by the City in 2014 and removed from the site in 2017. 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 before it is reclaimed. Planning Staff Report — Planning Case No. MP2018-010 Nelson Mining Plant —Annual Mining Permit February 15, 2018 Page 5 of 11 Depositing fill materials within the floodway and floodway fringe (below the 700 foot mean sea level elevation) is prohibited. The 2018 Operation Plan, which is shown below and attached to this planning staff report, is very similar to the 2017 Operation Plan. AGGREGATE PIDUSTRIES-NELSON PUNT 2018 OPERATIONS PLAN0 1,200 2,400 +1 CNV OF COTTAGE GROW. YOSNWGTON COUNTY, NN AGGREGATE Feet INDUSTRIES Proposed 2018 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 2018 operations. The 2018 Operation Plan does not show the once proposed dredging below the water surface of the Mississippi River, but this area is south of the southeast tip of Lower Grey Cloud Island. 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 environmental 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 if Aggregate Indus- Planning Staff Report — Planning Case No. MP2018-010 Nelson Mining Plant —Annual Mining Permit February 15, 2018 Page 6 of 11 tries decides to pursue mining in the backwaters. The City's review of their 2018 Mining Permit application does not include any approval to mine within the backwaters or main river channel. Reclamation Plan The 2018 Operations Plan shows most of the Nelson Mine perimeters have been reclaimed or are undisturbed buffers. In 2018, 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 41 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 2017 and the 2018 Operation Plans, both plans are shown below. r- IL •G••�..._ 41i Sb ,��f�lJ � � • I it • ; - ,�,r�' _ �, - t....�,� a ate. f1 � '� _ _ � ,, I. _ ,'�yai y: � -.cam,__ �l �` ..•�� • .y ��t :. -��/; 1. /. ,S• - -- — � 1 ,I -�` y 4- •�. � N P a. 4r �! �' '• �, � �__�._—�`Pl Fnclo �slc r:!ooxr22Gil Planning Staff Report— Planning Case No. MP2018-010 Nelson Mining Plant —Annual Mining Permit February 15, 2018 Page 8 of 11 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. Larson Quarry Blasting Unrelated to the sand and gravel mining activities in the Nelson Mine, Aggregate Industries does operate a quarry in Grey Cloud Township. This quarry is approximately one mile northwest of the Nelson Mine sand and gravel processing facility on Lower Grey Cloud Island. Below is an aerial showing the location of these two facilities: Location Map — Larson Quarry and Nelson Mine In 2017, Cottage Grove residents (particularly in the Mississippi Dunes Estates neighborhood) complained of blasting vibration they experienced at their homes. The City of Cottage Grove re- searched this issue to locate and identify the source for ground vibration that residents occasionally experienced. It was eventually found that blasting in the Larson Quarry Mine was the source creat- ing ground vibrations. Aggregate Industries hosted an information meeting at Tinucci's in Newport on December 13, 2017. Information related to the blasting process, Grey Cloud Township's permit for the quarry, and the United States Bureau of Mines (USBM) ground vibrations standards were discussed. It was determined that the blasting activities in the Larson Quarry did not violate any of the Township's permit requirements or USBM's standards. Planning Staff Report— Planning Case No. MP2018-010 Nelson Mining Plant —Annual Mining Permit February 15, 2018 Page 9 of 11 A copy of Cottage Grove Project Engineer Nate Estrem's memo dated January 8, 2018, is at- tached. This memo includes a couple graphs depicting ground vibration monitoring during 2017. 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 31, 2018. City Department Review Aggregate Industries' 2018 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 2018 Mining Permit for Aggregate Industries — Nelson Plant be approved, 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. 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 pub- lic right-of-way, private property, or any archeological sensitive area. 4. The "future mining" designation on the 2018 Operations Plan is only an illustration of the applicant's future desire to mine in those areas. City approval of the 2018 Operations Plan does not guarantee mining permit approval for areas shown as "future mining." Ap- proval of the 2018 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. Planning Staff Report — Planning Case No. MP2018-010 Nelson Mining Plant —Annual Mining Permit February 15, 2018 Page 10 of 11 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 21 WA9 and the recorded Grey Cloud Townsite 21 WA48 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 2018 Operations Plan does not guar- antee approval or imply future approval of the Harbor Island Concept Plan. 12. The Oak Savanna Reclamation Plan, Revised 9-3-2010, 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- 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. Planning Staff Report — Planning Case No. MP2018-010 Nelson Mining Plant —Annual Mining Permit February 15, 2018 Page 11 of 11 Prepared by: John McCool, AICP Senior Planner Attachments: 2018 Mining Permit Application Historic Summary of Mining Operations 2018 Operations Plan Map Nate Estrem's Memo dated January 8, 2018 C9 Z dL. �`. U" O 'A 00 O O C LO c) O O 00 CJ co O V " d7 r, N � � O'... N d' N %. c- cO d' O.,,", M _Z Q -41 ,TDU C " {c{ N..O C O N -e-. '� cn a a).. O 01' C�a " 'O O a) (a C) Ca . ,' .� �; Yj .�, �? .. U) ..N ca E co ca i O ' o m 'O cn a) ca sz CO �' � � ?'. N C6 E cc$ Y ca n3 . �^. d to O 0 . .R a> a�: "' .fl O - O ca �' a> a a� cn v > <a cCL �' rn N a� N rn m N ." t/) 0 ' .0 ca o cb 41 '. r3" O N U .a v a> Q) O aL� ?i- "C m G v==. o C o 1= v-. o C v- o rDJ :. ca E N G_ O Y, (a. ca 'S O E Ca N co " O �" a) .0 v Q) .0 Z . a O.",� 0)6Y O O ca .> �� O O E �. uJ N E : U O �i tA"'-p �,. > . N N a) 4) a) N a) N N L3) Q1 .� O O N ,"O , " O ,..-• O N „- O ';� E" N. 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O O 0 .O 0 0 C O O O O O O O Q O O;` O N 0- N: = N N.; N N N N N N N N N N N N N N.„: .,`i AGGREGATE INDUSTRIES Aggregate Industries — Nelson Sand & Gravel Cottage Grove, Minnesota 2018 Mine Plan December, 2017 Aggregate Industries Nelson Sand & Gravel 11250 Grey Cloud Trail South Cottage Grove, Minnesota The NE 1/, 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 1/, 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/, NW %, Section 31, Township 27, Range 21; S 1/z, NW 1/, Section 31, Township 27, Range 21; E %2, SW 1/, Section 31, Township 27, Range 21; Lot 1, Section 31, Township 27, Range 21; N %2, NE 1/, Section 36, Township 27, Range 22; S %2, NE 1/, Section 36, Township 27, Range 22; N 1/2, SE 1/, 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 1/, 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 1/, Section 25, Township 27, Range 22; S 1/2, SW 1/, SW, 1/, Section 25, Township 27, Range 22; NW 1/, NW 1/, Section 36, Township 27, Range 22; NW %, SW 1/, Section 36, Township 27, Range 22; N 1/2, NE 1/, Section 35, Township 27, Range 22; S %2, NE 1/, Section 35, Township 27, Range 22; SE 1/, 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 1/2, NW 1/, Section 5, Township 26, Range 21; Lot 4, Section 5, Township 26, Range 21; Lot 3, Section 5, Township 26, Range 21; N 1/2, 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 1/ 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 Rev: 12-22-17 Aggregate Industries Aggregate Industries Aggregate Industries Appert, John & Julie Resident Boggie, Patricia Hale, Rod & Mary Karter, Katarina Resident Kulvich, Jean LaChapelle, Nanette Madsen, Fred Maloney, Ryan & Kate Wald, Gene & Margaret 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 13 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 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 800,000 tons of aggregate in 2018. 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 2017, roughly 600,000 tons of aggregate were transported up river. In addition, roughly 1,300 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. Rev: 12-22-17 In 2018, the Company will clear approximately 13 acres of trees and will strip topsoil and subsoil from approximately 17 acres in the areas identified as Tree Clearing, Stripping and Mining on the 2018 Operations Plan. Excavators, dozers and haul trucks will remove the topsoil and overburden material, which will be placed in four different areas. The subsoil will be used to connect the south shore to two small islands to create peninsulas as shown on the Operations Plan and depicted as "Site Prep for Reclamation." The topsoil will be staged as shown. The Company has mined around and past the area that was thought to have the greatest potential as the site of the historic town site Town Site 21 WA48. As mining progresses to the west, the area that is identified as the Burial Mound Group 21 WA9 will be left undisturbed. The 2018 Operations Plan shows the area where the St Croix Crossing Casting plant and yard 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 2018 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 Landlord's concept and recent overlay in general terms. Ongoing reclamation efforts will continue in 2018 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. Waste sand will continue to be placed in the area north of the conveyor for the next 2 to 3 years until that area can be contoured to blend with the high ground to the north and east. That area will be sloped gradually from northeast to southwest at an elevation substantially above the 100 - year flood plain. Since 2010 the Company has been implementing 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. All topsoil, subsoil or other material that the Company places, accepts, receives or permits from off the island onto the island to be mixed with or incorporated into its reclamation complies with all Federal, State and local laws and regulations under its lease. Rev: 12-22-17 In 2017, the Company conducted the second 20 acre prairie burn on the eastern portion of the property. Foliar treatment of black locust root sprouts occurred where black locust trees were previously removed and additional black locust trees were removed south of the main entrance to the facility. A burn will take place in late winter or early spring on approximately 14 acres of the Interlachen Hill area, as depicted on the 2018 Operations Plan. In June of 2018, the Company will conduct additional foliar treatment of the black locust root sprouts, as may be needed. A survey of Non- native Phragmites (common reed) will also be conducted between the Interlachen Hill area and the river, to determine if work should be conducted to remove any invasive species which may be found. (The Remainder of this page left blank intentionally) Rev: 12-22-17 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 Industries — NCR, Inc. By: Dated: Its • areqJ Eh Acknowledgment and Signature: PAS Associates, LTD, as Landowner, hereby consents to the 2018 Operations Plan, as represented by Aggregate Industries - NCR, Inc. Its: h�S A soc' tes, LTD 1 o� Dated: "d ,'Im"— J4 V"�' Rev: 12-22-17 WWWYYY � S O N O O N O W UjQ n N V 1' W �D z_ Q z z z zD O CL Z 0 z z 0 0 a Z vj z J Z uz w OLu ¢ Lu > o W 0 ? a l w O W a ao c� L o KW N � O O U QW yO F U C G U) U O a C D = Q CL cCtpp U CU rio (V G CO co T U U O a, f� CT3U= `p U cV w O 2- CL) - U U N n U Q N C t . Cottage J Grove 4here Pride and PrOSPerity Meet To: Honorable Mayor and City Council Charlene Stevens, City Administrator From: Nathan Estrem, PE, Project Engineer Date: January 8, 2018 Subject: Aggregate Industries Nelson Plant 2018 Mining Permit — Ground Vibrations Introduction: Aggregate Industries submitted their 2018 Mining Permit Application to the City of Cottage Grove on December 28, 2017. This permit application is for the Aggregate Industries Nelson Sand & Gravel Plant located at 11250 Grey Cloud Trail South in Cottage Grove. Discussion: Aggregate materials from the Nelson Plant are utilized for ready mix concrete and/or asphalt products used in construction. Aggregate Industries plans to continue mining at the location for the foreseeable future. The Nelson Plant utilizes dredging techniques to remove aggregate from the ground. No blasting is utilized at this facility. Excessive ground vibration and overpressure dis- turbances to properties adjacent to this facility are not anticipated. This property, while owned and operated by Aggregate Industries, is not related to recent issues regarding blasting vibrations re- ported by Cottage Grove residents. Vibration complaints reported by Cottage Grove residents are related to blasting operations at the Larson Quarry located in Grey Cloud Island Township. Larson Quarry Aggregate Industries' Larson Quarry utilizes blasting to remove aggregate from the ground. The charges utilized are detonated and monitored in accordance to mining permits with Grey Cloud Island Township. Aggregate Industries hosted an open house neighborhood meeting at Tinucci's in Newport on December 13, 2017. At the meeting, Aggregate Industries addressed concerns re- garding blasting operations that had been reported by Cottage Grove residents to social media in October and November 2017. Representatives from Aggregate Industries, including the Plant Manager, Plant Foreman, and Regional Operations Manager, presented information related to the blasting process and explained in detail the stringent blasting protocol and related monitoring for the Larson Quarry. The United States Bureau of Mines (USBM) ground vibration standard is 0.80 inches per second. Grey Cloud Island Township's permit limit for ground vibrations is far more stringent than USBM even though USBM studies have shown that vibrations at velocities under 2.0 inches per second are unlikely to cause cosmetic damage to the weakest building materials. Ground vibration results reported from two monitoring locations did not indicate any instance when vibrations were beyond the permit allowance of 0.40 inches per second. A graph depicting the 2017 ground vibration monitoring results is shown below: Honorable Mayor, City Council, and Charlene Stevens Aggregate Industries Nelson Plant 2018 Mining Permit — Ground Vibrations January 8, 2018 Page 2 of 3 USBM RI -8507 Safe Blasting Levels 10 1 - �--0.75 2.0 in/ sec > 0.1 ♦ • N � i 0.01 — c 0.001 1 2 4 10 20 40 100 Frequency (Hz) ( • 9280 Jasper Lane Hannas Line On December 21, 2017 Aggregate Industries forwarded historic air pressure and ground vibration monitoring results for the previous two years (2015-2017). Below are those results: Peak Particle Velocity (in/sec) c 10 N C _ 1 1V?i' O v m ro 0.1 e 0.01 h 6 b 1 1 1 1 3� `h o� ob � p5 �5 �0 til tib ,y0 Ile\ `O\ 1„sO1\ `4\ Ott\ Date 9280 Jasper Lane ■ Hannas Line 150 140 J m Air Overpressure (dBL) 0.0144 — 0.012 130 - - -- 0.0096 7 H 4) 120 -- 0.0072 a v 110 - 0.0048 6 100 0.0024 901,.„ y......h, h 0 6 1 1 1 1 0 Date 9280 Jasper Lane 0 Hannas Line Honorable Mayor, City Council, and Charlene Stevens Aggregate Industries Nelson Plant 2018 Mining Permit — Ground Vibrations January 8, 2018 Page 3of3 As the above graphs illustrate, the vibration (Peak Particle Velocity) results do not indicate ground vibrations in excess of the Bureau of Mines threshold for structural damage. USBM Air overpres- sure safe limit for blasts is 134 decibles (dBI). One anomaly was recorded in 2015 for air over- pressure (blast noise). This anomaly is not related to the complaints received from Cottage Grove residents. All other air overpressure monitoring results are below the USBM safe limit. Aggregate Industries will continue to report monitoring results in accordance with the permit at the Larson Quarry to ensure and demonstrate compliance.