The URL can be used to link to this page

Home My WebLink About2020-02-24 PACKET 06.1.STAFF REPORT CASE: MP20-006 ITEM: 6.1 PUBLIC MEETING DATE: 2/24/20 TENTATIVE COUNCIL REVIEW DATE: 3/18/20 APPLICATION APPLICANT: Aggregate Industries — North Central Region, Inc. REQUEST: 2020 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 5 acres DENSITY: RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; iburbank(o)_cottagegrove.gov Application Accepted:. 1/28/2020 60 -Day Review Deadline: 3/28/2020 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. MP2020-006 February 24, 2020 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. A copy of Aggregate Industries — Nelson Plant 2020 Operation Plan is attached. The 2020 Mining Operations Plan proposes the following: • Mining and processing approximately 800,000 to 825,000 tons of aggregate materials. • Clear cutting and stripping topsoil on approximately five acres northwest of the existing dredge location. • Dredging 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. • Operating 24 hours per day seven days a week. Location iviap Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 2 of 11 Review Process Application Received: January 28, 2020 Acceptance of Completed Application: January 28, 2020 Tentative City Council Date: March 18, 2020 60 -Day Review Deadline: March 28, 2020 120 -Day Review Deadline: May 27, 2020 Ordinance Requirements City Code Title 3-10 requires that an annual mining permit 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 Council for final action. The pur- pose 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 2020 Operations Plan generally replicates landforms and topography as approved in 1982. Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 3 of 11 - LAO 1982 Reclamation Plan LOWER GREY CLOUD ISLAND `MINING PLAN ~�� 1 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. Fail IQ M.Id. ee Fre; TO ft&e -UM An h -L�L2! fi! Z. 0 _ Pi+�np VA PAk L iq 11dw ;M F&M �wa� eon Lauren Iwir F*K eu 1 rued Frnrai6:2Rd I�prie Beal 13r0�M7 Ired�n MundS FQm Harbor Island s roWlar �lIRPORA7i8n r..,d,ssrr—wrrr.rr �yAillpAliY 2000 Concept Plan Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 4 of 11 In the 2019 and 2020 Mining Permit application submittals, Aggregate Industries included a future land use plan for potential development that PAS Associates Limited Partnership and Aggregate Industries had Westwood Professional Services prepare. A copy of this plan is shown below. • mace 1_ n �+ :r [T1111 h, ii., itYd t� 1 .. T _ '. tndl. v^^u.e a1h 4 h�hx ..'e.r'. ,ra ?- R.oa Cab t.nadonv Lkhe lu .I GnrrI W., Int&proyi Sim � I � Lle3led Caverage age Hang with C—W C'�mmecdrl i ° - 7<p oth— { �. l 11 p -i Nigh I t i i ��,-- I,. ------ t------�T - ✓ ! High ty I tU..*W C --- ORtud By —+ .. _y wuhwo n ua q Twill I i— op - wldhfe II1xK�Tt9SA' �s I I � [nai`¢ 1RmaniL ��✓�_ ��g � YIF.h 17v I T 4� `Il-tet"�� Aea��e�.t nl R.- - - x 1 _ Lower Grey Cloud " "a PAS Amodates Limited Pert a hip 7a1$rtd � ��'� Future Land Use Plan by PAS Associates Limited Partnership, July 18, 2017 From the City's perspective, the future concept plan is for illustrative purposes only and before any new land use designations are completed on the island, a small area master plan needs to be completed for the Southwest Planning District, Lower Grey Cloud Island, and the surrounding outer islands. It is expected that the future small area plan and subsequent land use updates will involve discussions with current private landowners, the public, and adjacent and affected juris- dictions, and that the process will determine the appropriate mix of development and park and open space uses on Lower Grey Cloud Island. The City's review of their 2020 Mining Permit ap- plication does not include any recommendations or approval of land use modifications on the islands. Dredge Operations A dredge is used to excavate raw aggregate materials. This dredge is of a "twin -clamshell" design 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 completed 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 Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 5 of 11 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. Most of the material is transported by barge up the Mississippi River to distribution yards in St. Paul and Minneapolis. Last year, approximately 720,000 tons (approximately 99.7 percent) of the materials were transported by barges. Approximately 2,000 tons (0.3 percent) were transported by truck 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 between 1,200 to 1,300 tons. A summary of the Nelson Mining operations since 2000 is attached. Planning Considerations Proposed Mining Operations The 2020 Operation Plan does propose to remove trees and brush from an area that is approxi- mately nine acres located west of the existing dredging operation. Stripping of topsoil two to five feet in depth will be conducted in the areas identified as "Stripping and Mining" on the 2020 Opera- tions Plan. 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 in the northwest corner of the Nelson Mine. This temporary facility was ap- proved 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. Depositing fill materials within the floodway and floodway fringe (below the 700 -foot mean sea level eleva- tion) is prohibited. The 2020 Operation Plan is shown on the next page and a copy of this plan is attached to this planning staff report. Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 6 of 11 vroposea zuzu uperaiions vian Like previous operation plans, the applicant is required to take appropriate measures to ensure there is no erosion to stockpiles or earth -berms. At the base of each slope, a channel must be con- structed 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 2020 operations. The 2020 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 suspended the preparation of an EIS. If the preparation of the EIS were to proceed in the future, the Plan- ning Commission will have the opportunity to review the EIS document in the future if Aggregate Industries decides to pursue mining in the backwaters. The City's review of their 2020 Mining Per- mit application does not include any approval to mine within the backwaters or main river channel. Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 7 of 11 Reclamation Plan The 2020 Operations Plan shows most of the Nelson Mine perimeters have been reclaimed or are undisturbed buffers. In 2020, 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. 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 continue to be deposited north of the conveyor system and along the south em- bankment of the larger water body in the mined area for the next two to three years. 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 2018 and the 2019 Operation Plans, both plans are shown on the next page. The 2020 restoration area is similar to the 2019 area. Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 8 of 11 AGGREGATE INGUSTNIU NELSON PLANT A 2018 OPERATI ON$ PIAN 0 1,200 2,400+ m OF=AOE GROVE. WAENNGTON COUNTY, MN AGGREGATE Feet INDUSTRIES 2018 Operations Plan AGGREGATE INOUSTRES-NEMN PLANT 2010 OPERATIONS PLAN Atlk fl 1,200 2,400 :ITV GF COTTAGE GROVE. WASHINGTON COUNTY, MN AGGREGATE Feet INDUSTRIES 2019 Operations Plan 7'...........T�Iwn b �' TYPE F '�1 Op ' � ' `Iq T � M'nmmp &ivanN6PreneRxnmHcn Pmryind Ra�lnma:bn 1 I.� wg� ..n P„,. wn AGGREGATE INGUSTNIU NELSON PLANT A 2018 OPERATI ON$ PIAN 0 1,200 2,400+ m OF=AOE GROVE. WAENNGTON COUNTY, MN AGGREGATE Feet INDUSTRIES 2018 Operations Plan AGGREGATE INOUSTRES-NEMN PLANT 2010 OPERATIONS PLAN Atlk fl 1,200 2,400 :ITV GF COTTAGE GROVE. WASHINGTON COUNTY, MN AGGREGATE Feet INDUSTRIES 2019 Operations Plan Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 9 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 planned mining operations. These sites have been marked with a 50 -foot boundary around the perimeter of the Burial Mound Group 21 WA9. All future mining activities were required to be conducted outside the designated archaeological areas. The latest submittal reports that the applicant has mined around and past both of the identified historical sites. Variance In the past, a variance was granted to the ordinance requirement limiting mining operations be- tween 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 was 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 were 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. The Public Safety Department reported that there were no noise complaints related to the 24-hour mining that occurred in 2019. Meeting Notices The meeting notice was mailed to 18 property owners who are within a half -mile of the mine on February 12, 2020. City Department Review Aggregate Industries' 2020 mining permit application was distributed to other City departments. No comments were received. Recommendation It is recommended that the 2020 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. Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 10 of 11 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. City approval of the 2020 Mining Permit does not approve their ability to mine within the re- quired 200 -foot setback from the Mississippi River, within the 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 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 and protected from being damaged or adversely im- pacted from vehicles or equipment traveling in the vicinity of these historic sites. 9. The applicant is responsible for obtaining all state and federal permits relating to their mining operations on Lower Grey Cloud Island. 10. The applicant's current reclamation plan is titled "Future Land Use Plan." The City has not provided any formal review or approval of the "Future Land Use 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 2020 Operations Plan does not guarantee approval or imply future approval of the Harbor Island Concept Plan in or the Future Land Use Plan as dated July 18, 2017 and prepared by Westwood Professional Services. 11. The Oak Savanna Reclamation Plan, revised 9-3-2010, is still valid. Prior to the 2020 prescribed burn, 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 that have not survived within the designated oak savanna groves must be replaced with new oak trees and watered during dry conditions to promote their survival. Planning Staff Report — Planning Case No. MP2020-006 Nelson Mining Plant — Annual Mining Permit February 24, 2020 Page 11 of 11 12. 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. 13. Depositing fill materials within the floodway and floodway fringe (below the 700 -foot mean sea level elevation) is prohibited. Prepared by: John M Burbank, AICP Senior Planner Attachments: 2020 Mining Permit Application Historic Summary of Mining Operations 2020 Operations Plan Map AGGREGATE INDUSTRIES Aggregate Industries — Nelson Sand & Gravel Cottage Grove, Minnesota 2020 Mine Plan January, 2020 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'/z, SE %, Section 31, Township 27, Range 21; E {2, NE '/, NW 1/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail;W1/2, NE1/4, NW '/a, Section 31, Township 27, Range 21, South along Grey Cloud Trail; NW'/, NW 'f, Section 31, Township 27, Range 21; S %2, NW '/, Section 31, Township 27, Range 21; E'/z, SW '1, Section 31, Township 27, Range 21; Lot 1, Section 31, Township 27, Range 21; N %, NE'/, Section 36, Township 27, Range 22; S'/i, NE 'l, Section 36, Township 27, Range 22; N'/z, SE '/, Section 36, Township 27, Range 22; Lot 2, Section 36, Township 27, Range 22; Lot 3, Section 36, Township 27, Range 22; SE '/, SW f, Section 25, Township 27, Range 22; NE 'J, NW '/, Section 36, Township 27, Range 22; S %2, NW 'J, Section 36, Township 27, Range 22; NW '/, SW 'l , Section 36, Township 27, Range 22; N %2, SW /, SW'!, Section 25, Township 27, Range 22; S'/z, SW'/, SW,'/, Section 25, Township 27, Range 22; NW 'l , NW '/, Section 36, Township 27, Range 22; NW 'l , SW '/, Section 36, Township 27, Range 22; N Y2, NE '/, Section 35, Township 27, Range 22; S %2, NE 1/4, Section 35, Township 27, Range 22; SE V4, 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 %, 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 % SW '1 Sections 36, Township 27, Range 22; Lot 5 Section 35, Township 27, Range 22 Landowner: PAS Associates, Ltd. ATTN: Biff Folberth 2565 Walnut Street Roseville, MN 55113 Operator: Aggregate Industries - MWR, Inc. 2815 Dodd Road, Suite 101 Eagan, MN 55121 Adjacent Landowners Aggregate Industries Aggregate Industries Terryl & Dave Gilberstadt Appert, John & Julie Resident Boggie, Patricia Hale, Rod & Mary Karter, Katarina Resident Kulvich, Jean LaChapelle, Nanette Madsen, Fred Maloney, Ryan & Kate Wald, Gene 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 five to eight 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. Dependent on these trends and findings, the Company may then look more closely at re -starting the backwaters permitting process. 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 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 to 825,000 tons of aggregate in 2020. 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 2019, roughly 680,250 tons of aggregate were transported up river. In addition, roughly 23,200 tons were transported by truck on Grey Cloud Trail South to 103rd Street, east to Hadley Avenue, north to 100th Street, then to U.S. Highway 61. 3 In 2020, the Company will strip topsoil and subsoil from approximately five acres in the areas identified as "Stripping and Mining" on the 2020 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 Groff 21 WA9 will be left undisturbed. Reclamation The 2020.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 ultimately reclaimed. The 2020 Operations Plan depicts roughly 265 acres which have been reclaimed to date. The Landowner's current plans for reclamation of Lower Grey Cloud Island are depicted on the "Lower Grey Cloud Island Plan" prepared by Westwood Professional Services and the "Harbor Island Concept Plan." These concepts propose 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 2020 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 Restoration 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 continues to work with Great River Greening with these reclamation efforts. Annual contributions have included and will continue to include: site grading, topsoil placement, soil preparation, native grass seeding, oak plantings, herbicide treatment of non-native vegetation, brush and tree removal of non-native woody species and maintenance burns. 4 In 2019, maintenance of the oak plantings took place, as well as non-native woody invasive control throughout the Interlachen Prairie. This included Siberian Elm treatment and basal stem girdling within the tree groves. No prairie burns were conducted in 2019. Maintenance work will continue in 2020 within the roadside prairie area (refer to 2020 Operations Plan). A prairie burn will be conducted in the spring on approximately 9 acres followed by inter -seeding of the area with native prairie grasses. Within the existing Interlachen Prairie area we will conduct a fall seed collection of dry forb species which will include Stiff Goldenrod, Whorled Milkweed and other species which are now well adapted to the soil conditions at the Nelson site. We will continue to cut and treat the scattered small Siberian elms and Black Locust sprouts in the area along the eastern perimeter of the site delineated as "Reclaimed" on the 2020 Operations Plan. In 2020, an additional oak grove will be put in place in the area located northeast of the existing Interlachen Prairie. Within this area, we will plant five to six - 6' trees. These trees will be planted in the fall with mulching and rodent control being implemented, as necessary. Due to the larger size of these tree plantings, fencing will not be required. Acknowledgement and Signature: Aggregate Industries — MWR, Inc., as the Mining Operator, hereby represents upon all of the penalties of the law, for the purpose of inducing the City of Cottage Grove to grant an Annual Mining Permit, that all the statements are true and that all work will be done in accordance with the ordinance of the City of Cottage Grove and the laws of the State of Minnesota. Aggregate Industries — MWR, Inc. By: Dated: p U Its: �� dli1+ iU i Y p ftyY1''C� 11ao 1,;L6 Acknowledgment and Signature: PAS Associates, LTD, as Landowner, hereby consents to the 2020 Operations Plan, as represented by Aggregate Industries — MWR, Inc. PAS Associates, LTD M1 AA - 00 I 1l1 / 5 t A r y -P. V F, r �,.f #'°ter.. •p 1 to . lcve r.".gement area i \ �• � ///��rr/'1 .our>:'�`-.s�� Y Air Photo Dale September v, 2019 R/��R - --------------- rar.� earn eeive ayemo. _= I — - i _ --T--- all or calatt. I— ff'� .T Note ��r \ 1, I —T— ---- I-- - �\ I I 'frail to ter Iiclan� II - � > \ y I � - - �°' - - - 'Tlsene will be pedestrian and bicycle I Ntooersl 1 , Otlfea�s - I I 1 \�\� 1i 11 I open ater, , antrails connecting d Per' spacopen w I Lake F v I r I \I 1 I f bravel� Mine Ilitirprleti Site I I \ I 11 I — — 1 —r-, Limited Coverage High Density Residential with Commercial Own pd I Waslgton Cain Mitring/Comms al y ! I Owne¢ By Others i 1 i f I LL I ___ Villa /kli , ti \D"-ity—R6,f-4eA1, til [caw L7ensityT_Residential• I h Density 1(Ouster Honsinglsidential 1 I Owned Bykayak TrailCiyp)— T — — i — — — — — — — --—_Washington County OpenSpaceWater � Mississippi I River 1 1 1 Low Pensity 1 ` � � (Backwater) - Baldwin 4- 1 Housing T e utlak* ._ _. Future I ♦ I 1 a t Low Densi Ike \ 3 Wader � E+� S Resfdential• Wildlife — Preserve t %]radian Mounds - L - - -- 1 ---- ! n Indian Mounds Area i Water I By Others 1 � - - - - /f RhDsi� n/ esidennt I ! / �7 Mississippi Habitat Area River - - - - - Residential• {Host Access Only) L diatoric town and Farm interpretive Site PAS Associates Limited Partnership a.e. 07/18%17.r o� 2 ar�,e„Z Lower Grey Cloud Island Bubble Diagram Land Use Plan Trail In 01 Marina ----- owvn Center/ReWll !farina Parking � Nildliie Preserve' "ish Hatcher, � -labilat Area (boat ace se s Baldwin Lake Mooers Lake Park Road Commercial Route Indian Mounds Slormwaler Filtration Strips Park Gatehouse Package Plant Site — Package Plant Site -- Entry Meadow _�- Gravel Mine Interpretive Site - — Public Boat Launch Public Beach Canoe Launch Currently Held Private Land } Historic Boat Landing f � Indian Mounds yy interpretive Site �w- Indian Mounds7 _ Parking Parking wet Mea Public Landing Historic Town and Farm Interpretive Site Sumac Grave Oak Savona — Parkins} Harbor Island SENNA CORPORATION landscape archirecrure ` Cuningham Group 4 �f LOWER GREY CLOUD ISLAND C� 00 R _RAVER W ROSE otrPPL ISStrl1 B.B. CHAPMAN A..I.C.P. ml LEGEND ST. PAUL, MINNESOTA -- tusrnrn o�.or d. L. SHIELX COMPANY 8 a.... SCHILLING FAMILY gj ¢ .... ST. PAUL, MINNESOTA CERTIFICATE OF LIABILITY INSURANCE PRTE(MM1pD V2 712D2D2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies► most have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement($). PRODUCER Aon Risk Services Southwest, Inc. Houston TX Office CONTACT NAME: �A)CC..H,E.1): (866) 283-7122 fnrc.Na.I: (800) 363-0105 5555 San Felipe Suite 1500 E-MAIL ADnRESS: Houston TX 77056 USA HDDG714SI483 INSURERS) AFFORDING COVERAGE NAIL M INSURED INSURERA: Indemnity Insurance Co of North America 43575 HOl Cim Participations (US) Inc. 6211 Ann Arbor Rd INSURER B: ACE American Insurance Company 22667 INSURER C: ACE Fire Underwriters Tnsurance Co. 20702 Dundee MI 48131 USA INSURER D: D MA TO RENTED . PREMISES (Ea $2,000,000 oecurre�cel INSURERS INSURER F: COVERAGE$ CERTIFICATE NUMBER: 570080259467 IaEVIVI NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED' NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, Limits shown are as requested I LTR TYPE OF INSURANCE INSC WVO POLICY NUMBER IMMIDOY E1II (POLICY EX Yj LIMITS B X COMMERCIAL GENE RALLIABILITY HDDG714SI483 1070-1720-19 1. 01 2020 EACH OCCURRENCE $2,000,0()0 CLAIMS -MAGE X OCCUR D MA TO RENTED . PREMISES (Ea $2,000,000 oecurre�cel MED EXP (Any one person) $5,000 PERSONAL)$ ADV INJURY $2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $10,000,000 PRO - X POLICY EJECT F-1 L.. PRODUCTS - COMPIOPAGG $4,000,000 OTHER. B AUTOMOBILE LIABILITY TSAH25289432 19-20 Auto (AOS) 10/01/2019 10101/2020 COMBINED SINGLE LIMIT $5,000,000 (Ea BODILY INJURY (Per person) B X ANY AUTO ISAH25289390 10/01/201910/01/2020 OWNED SCHEDULED AUTOS ONLY AUTOS 19-20 Auto (NH Only) BODILY INJURY (Per aecdenl) PROPERTY DAMAGE (Per accident) HIREOAUTOS NON -OWNED ONLY AUTOS ONLY UMBRELLA LLABOCCUR EACH OCCURRENCE EXCESS LAB CLAIMS -MADE AGGREGATE DIEDRETENTION A WORKERS COMPENSATION AND TY EMPLOYERS'LIABILIYIN WLRC65890975 19-20 WC (AOS) 10/01/2019 10/01/2020 X PER STATUTE SRH_ E. L. EACH ACCIDENT $1,000,000 B ANY EXECUTIVE OFFIFIICERIMEMBER N N!A wLRc65891013 16/01/2019 10/01/2020 E DISEASE -EA EMPLOYEE $1,000,000 (Mandatory in NH) Ifyes, de crihe under DESCRIPTION OF OPERATIONS WoY, 19-20 INC (AZ,MA) E.L. DISEASE -POLICY LIMIT $1,000,50-0 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 701. Additional Remarks Schedule, may be attached H mom ,'pace le required) Insured is self-insured on physical damage for all owned, leased and rented autos. i i i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cottage Grove AUTHORIZED REPRESENTATIVE Attn: Emily Schmitz 12800 Ravine Parkway South c 41 l 1Ztt 1� Cottage Grove MN 55016 USA x1988-2016 ACORD CORPORATION. All rights reserved ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: S70000035837 LOG W `♦� ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services Southwest, Inc. NAMEDiNSURED Holcim Participations (U5) Inc. POLICY NUMBER See Certificate Numbe 570080259467 CARRIER see certificate Numbe 570080259467 I NAIC CODE EFFECTIVE DATE ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER SUM R'}'D INSURER POLICI F}'FFfTIFF DATE INSURER Lls7Lrn INSURER WORKERS COMPENSATTON ADDITIONAL POLICIES It a policy heloudoes not include limit information. refer to the corresponding policy on the ACORD certificate Pone for poi reN limits. I%SR I,TR T1'REOFINSURANCE ADDLIM IVSD SUM R'}'D FOLK 1 NUMBER POLICI F}'FFfTIFF DATE POLIC"1 F; INIRATION VAT MlDDIYYY}'I Lls7Lrn WORKERS COMPENSATTON C N/A SCEc65891050 19-20 WC Retro (WI) 10/01/2019 10/01/2020 ACORD 101 (2009101) IIS 2008 ACORD CORPORATION, All rights reserved. The ACORD name and logo are registered marks of ACORD ACaRa® ADDITIONAL AGENCY Aon Risk Services southwest, Inc. POLICY NUMBER See Certificate Numbe 570080259467 CARRIER see Certificate Numbe 570080259467 ADDITIONAL REMARKS AGENCY CUSTOMER ID: 570000035837 LOC #; REMARKS SCHEDULE Page _ of NAMED INSURED Holcim Participations (US) Inc. MAIC CODE EFFECTIVE DATE -c VKU 101 Izuuarutl Q 2008 ACORO CORPORATION. All rights reserved. The ACORD name and logo are registered marcs of ACORD MINING OPERATIONS SUMMARY 2004-2020 AGGREGATE INDUSTRIES - NELSON MINE \\cocg-fs1\groups\CITYFILES\20 CITYFILES\006MP Aggregate Industries 2020-02-24\Planning\Agg Ind History Table 02-24-20.doc SLOPE YEAR TONS OF CLEARING STRIPPING TOPSOIL PLANTINGS MINING MATERIAL (Acres) (Acres) SEEDING (Acres) RECLAMATION Control burn on approximately 9 acres of land near the Interlachen Hill 2020 800,000 — 825,000 5 5 9 area. Seeding of native grass species with potential planting of 5 diversified forbs. continue Siberian Elm tree control and removal. 25 acres Control burn on approximately 14 acres of land near the Interlachen 2019 800,000 — 850,000 9 9 (approximate) Hill area. Seeding of native grass species with potential planting of 10 diversified forbs. Initiate Siberian Elm tree control and removal. Control burn on approximately 14 acres of land near the Interlachen 2018 800,000 13 13 2.7 acres Hill area. Additional foliar treatment of the black locust root sprouts 14 may be performed. 14 acres 9 ac. re -seeding Continued maintenance of tree groves and prairie invasive species 2017 601,300 1.5 2' —10' depth 43 ac. Site control. Proposed 20 -acre burn along eastern side of lake. 9.6 Preparation 2016 543,486 7-10 7-10 27.5 acres Foliar treatment of root sprouts where black locust trees were removed. 14.5 10 acres Tree and shrub maintenance in the Oak Savanna and Prairie 2015 688,431 7 7 14 acre prescribed Reclamation Area. Removal of black locust trees. 21.8 burn 2014 731,872 0 7 None 42 small pin oaks, 2 large pin oaks, 2 large hackberrys, 10 ninebark 8.0 shrubs and 3 sand cherry shrubs 2013 694,000 0 11 57.4 acres Monitor oak groves, water, insecticide spraying, gopher control and 5.0 (approximately) remove sumac and grape ivy. 2012 783,800 0 11 22 acres Oak saplings monitored, protective devices maintained, and install a 10.0 gravity water system. 2011 620,000 (est.) 7 10 22 acres 68 oak saplings planted and monitored, protective devices maintained, 14.5 and a gravity water system installed. 2010 652,000 (actual) 6 21 22 acres 60 oak saplings planted and several hundred acorns collected and 10.0 sown. 2009 700,000 (est.) 0 13 12 acres Zero — Oak Savannah Plan 23.0 2008 865,911 (actual) 0 13 21 acres 100 trees 46.0 2007 1,400,000 (est.) 0 0 12.0 acres 380 trees 26.8 2006 1,700,000 (est.) 0 8.0 ac. 12.0 acres 380 trees 9.0 1.5' — 5.0' depths 2005 1,700,000 (est.) 011.0 ac. 12.0 acres 250 trees 17.6 1.5' — 5.0' depths 2004 1,600,000 (est.) 06.5 ac. 25 acres prepared for 1,250 tree seedlings 6.5 1.'-5.0' depths reclamations (minimum height of 24") \\cocg-fs1\groups\CITYFILES\20 CITYFILES\006MP Aggregate Industries 2020-02-24\Planning\Agg Ind History Table 02-24-20.doc