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HomeMy WebLinkAbout2021-01-25 PACKET 06.1. STAFF REPORT CASE: MP2021-005 ITEM: 6.1 PUBLIC MEETING DATE: 1/25/21 TENTATIVE COUNCIL REVIEW DATE: 2/3/21 APPLICATION APPLICANT: Aggregate Industries – North Central Region, Inc. REQUEST: 2021 Mining Permit to continue their mining operations on Lower Grey Cloud Island (Nelson Mine). SITE DATA LOCATION: 11250 Grey Cloud Trail South ZONING: I-4, Commercial Excavation District GUIDED LAND USE: 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: N/A RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2874; eschmitz@cottagegrovemn.gov Application Accepted: 12/31/2021 60-Day Review Deadline: 3/1/2021 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. MP2021-005 January 25, 2021 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 2021 Operation Plan is attached. The 2021 Mining Operations Plan proposes the following:  Mining and processing approximately 700,000 to 725,000 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 Map Review Process Application Received: December 31, 2020 Acceptance of Completed Application: December 31, 2020 Tentative City Council Date: February 3, 2021 60-Day Review Deadline: March 1, 2021 Planning Staff Report – Planning Case No. MP2021-005 Nelson Mining Plant – Annual Mining Permit January 25, 2021 Page 2 of 8 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. 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 2021 Operations Plan generally replicates landforms and topography as approved in 1982. 1982 Reclamation Plan Planning Staff Report – Planning Case No. MP2021-005 Nelson Mining Plant – Annual Mining Permit January 25, 2021 Page 3 of 8 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. 2000 Concept Plan Since 2019, Aggregate Industries has included a future land use plan in their application submittal for potential development that PAS Associates Limited Partnership and Aggregate Industries had Westwood Professional Services prepare. A copy of this plan is shown below. Future Land Use Plan by PAS Associates Limited Partnership, July 18, 2017 Planning Staff Report – Planning Case No. MP2021-005 Nelson Mining Plant – Annual Mining Permit January 25, 2021 Page 4 of 8 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 2021 Mining Permit ap- plication does not include any recommendations or approval of land use modifications on the islands. Dredge and Mining 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 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. 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. In 2020, approximately 665,000 tons of aggregate were transported up the river while approximately 18,000 tons were transported by truck. 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. Planning Considerations Proposed Mining Operations 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 2021 Operation Plan area has not been ad- justed from the 2020 operations plan area. Aggregate Industries suspects mining to continue in this area for another five to eight years. The 2021 Operation Plan is shown on the next page and a copy is attached to this planning staff report. Planning Staff Report – Planning Case No. MP2021-005 Nelson Mining Plant – Annual Mining Permit January 25, 2021 Page 5 of 8 Proposed 2021 Operations Plan 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 has recently indicated their desire to again pursue approval for mining of the back- waters of the Mississippi, south of the southeast tip of Lower Grey Cloud Island. Because of poten- tial environmental impacts mining in the backwaters might have, Aggregate Industries must file an Environmental Impact Statement application, similar to the process that was done in 2008. At that time, 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, although Aggregate Industries suspended the prepa- ration of the EIS and did not continue to pursue mining of the backwaters at that time. Aggregate Industries has recently started the process of an Environmental Impact Statement with potential for mining of the Mississippi River backwaters. Reclamation Plan/History As of 2021, approximately 265 acres of the Aggregate site have been reclaimed. The 2021 resto- ration plans include ongoing restoration efforts in creating a large lake and peninsula by providing shore stabilization/establishment and re-vegetation. Continued restoration in the areas of the oak grove/savanna and prairie will continue to take place as depicted in the 2021 operation plan. The site of the temporary concrete ready mix plant and temporary concrete bridge casting production plant was in the northwest corner of the Nelson Mine. This temporary facility was approved by Planning Staff Report – Planning Case No. MP2021-005 Nelson Mining Plant – Annual Mining Permit January 25, 2021 Page 6 of 8 the City in 2014 and removed from the site in 2017. Aggregate’s 2021 operational plan indicates they will continue to use this area to place sand for the next two to three years, and the area will be contoured to blend with the surrounding elevations above the 100-year flood elevation. In 2020, site preparation for reclamation of approximately nine acres of land located along the east slope of the pit area was completed including prairie seeding. In 2013 and 2015, Aggregate Industries maintained and monitored the existing oak groves and ini- tiated 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 savanna plots in the fall of 2013 and in July 2014 found many dead oak plantings. As a condition approving the annual mining permit for 2016, all the dead oak trees within the desig- nated oak savannah groves must be replaced with new tree plantings and watered during dry weather conditions to promote their survival. Establishment work also took place during this time including prairie hand seeding bare spots on roughly ten acres of the Interlachen Prairie. 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. 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 21WA9. 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 operational, only one noise complaint was received by the city. That complaint was received in 1996. The applicant was contacted and the problem was resolved in a timely manner. Planning Staff Report – Planning Case No. MP2021-005 Nelson Mining Plant – Annual Mining Permit January 25, 2021 Page 7 of 8 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 2020. Meeting Notices The meeting notice was mailed to 18 property owners who are within a half-mile of the mine on January 13, 2021. City Department Review Aggregate Industries’ 2021 mining permit application was distributed to other City departments. No comments were received. Recommendation It is recommended that the 2021 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 pub- lic right-of-way, private property, or any archeological sensitive area. 4. City approval of the 2021 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 Planning Staff Report – Planning Case No. MP2021-005 Nelson Mining Plant – Annual Mining Permit January 25, 2021 Page 8 of 8 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 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 2021 Operations Plan does not guarantee approval or imply future approval of the Harbor Island Concept Plan 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. 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. 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, particularly how many acorns are planted and how many oak seedlings are growing. If the survival num- ber of trees is low, then another tree planting alternative will need to be discussed. 12. Depositing fill materials within the floodway and floodway fringe (below the 700-foot mean sea level elevation) is prohibited. Prepared by: Emily Schmitz Senior Planner Attachments: 2021 Aggregate Industries Mine Plan MINING OPERATIONS SUMMARY 2004-2021 AGGREGATE INDUSTRIES – NELSON MINE SLOPE TONS OF CLEARING STRIPPING TOPSOIL MINING YEAR PLANTINGS MATERIAL (Acres) (Acres) SEEDING (Acres) RECLAMATION Plant an additional 8-10 trees within the oak grove which will replace 2021 700,000 – 725,000 5 5 9 5 the Interlachen prairie and any trees that can be transplanted will be. 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. Control burn on approximately 14 acres of land near the Interlachen 25 acres 2019 800,000 – 850,000 9 9 Hill area. Seeding of native grass species with potential planting of 10 (approximate) 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 14 Hill area. Additional foliar treatment of the black locust root sprouts may be performed. 9 ac. re-seeding 14 acres Continued maintenance of tree groves and prairie invasive species 2017 601,300 1.5 43-acre Site 9.6 2’ – 10’ depth control. Proposed 20-acre burn along eastern side of lake. 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 21.8 Reclamation Area. Removal of black locust trees. burn 42 small pin oaks, 2 large pin oaks, 2 large hackberrys, 10 ninebark 2014 731,872 0 7 None 8.0 shrubs and 3 sand cherry shrubs 57.4 acres Monitor oak groves, water, insecticide spraying, gopher control and 2013 694,000 0 11 5.0 (approximately) remove sumac and grape ivy. Oak saplings monitored, protective devices maintained, and install a 2012 783,800 0 11 22 acres 10.0 gravity water system. 68 oak saplings planted and monitored, protective devices maintained, 2011 620,000 (est.) 7 10 22 acres 14.5 and a gravity water system installed. 60 oak saplings planted and several hundred acorns collected and 2010 652,000 (actual) 6 21 22 acres 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 \\\\cocg-fs1\\Groups\\CITYFILES\\21 CITYFILES\\005MP Aggregate Industries 2021-01-25\\Agg Ind History Table 01-25-21.doc MINING OPERATIONS SUMMARY 2004-2021 AGGREGATE INDUSTRIES – NELSON MINE 2007 1,400,000 (est.) 0 0 12.0 acres 380 trees 26.8 8.0 ac. 1,700,000 (est.) 0 12.0 acres 380 trees 9.0 2006 1.5’ – 5.0’ depths 11.0 ac. 2005 1,700,000 (est.) 0 12.0 acres 250 trees 17.6 1.5’ – 5.0’ depths 6.5 ac. 25 acres prepared for 1,250 tree seedlings 2004 1,600,000 (est.) 0 6.5 1.’-5.0’ depths reclamations (minimum height of 24”) \\\\cocg-fs1\\Groups\\CITYFILES\\21 CITYFILES\\005MP Aggregate Industries 2021-01-25\\Agg Ind History Table 01-25-21.doc Aggregate Industries Nelson Sand & Gravel Cottage Grove, Minnesota 2021Mine Plan December, 2020 Aggregate Industries Nelson Sand & Gravel 11250 Grey Cloud Trail South Cottage Grove, Minnesota Property Legal Description TheNE ¼, SE 1/4, Section 31, Township 27, Range 21, South along Grey Cloud Trail;W ½, SE ¼, Section 31, Township 27, Range 21;E ½, NE ¼, NW ¼, Section 31, Township 27, Range 21, South along Grey Cloud Trail;W1/2, NE1/4, NW ¼, Section 31, Township 27, Range 21, South along Grey Cloud Trail; NW ¼, NW ¼, Section 31, Township 27, Range 21;S ½, NW ¼, Section 31, Township 27, Range 21;E ½, SW ¼, Section 31, Township 27, Range 21;Lot 1, Section 31, Township 27, Range 21;N ½, NE ¼, Section 36, Township 27, Range 22;S ½, NE ¼, Section 36, Township 27, Range 22;N ½, SE ¼, Section 36, Township 27, Range 22;Lot 2, Section 36, Township27, Range 22;Lot 3, Section 36, Township 27, Range 22;SE ¼, SW ¼, Section 25, Township 27, Range 22;NE ¼, NW ¼, Section 36, Township 27, Range 22;S ½, NW ¼, Section 36, Township 27, Range 22;NW ¼, SW ¼, Section 36, Township 27, Range 22; N ½, SW ¼, SW ¼, Section 25, Township 27, Range 22;S ½, SW ¼, SW, ¼, Section 25, Township 27, Range 22;NW ¼, NW ¼, Section 36, Township 27, Range 22;NW ¼, SW ¼, Section 36, Township 27, Range 22;N ½, NE ¼, Section 35, Township 27, Range 22;S ½, NE ¼, Section 35, Township 27, Range 22;SE ¼, SE ¼, 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 ½, NW ¼, Section 5, Township 26, Range 21;Lot 4, Section 5, Township 26, Range 21;Lot 3, Section 5, Township 26, Range 21;N ½, NE ¼, 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 ¼ SW ¼ 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. ATTN:Patty Bestler 2815 Dodd Road, Suite 101 Eagan, MN 55121 2 Adjacent Landowners Aggregate Industries12073 Grey Cloud Trail SouthCottage Grove Aggregate Industries12075 Grey Cloud Trail SouthCottage Grove Terryl & Dave Gilberstadt12085Grey Cloud Trail SouthCottage Grove Appert, John & Julie11395 Grey Cloud Trail SouthCottage Grove North Central District Pentascostal11975 Grey Cloud Trail SouthCottage Grove Boggie, Jr., Richard11971 Grey Cloud Trail SouthCottage Grove Hale, Rod & Mary11701 Grey Cloud Trail SouthCottage Grove Karter, Katarina10971 Grey Cloud Trail SouthCottage Grove Kulvich, Jean11523 Grey Cloud Trail SouthCottage Grove LaChapelle, Nanette11973 Grey Cloud Trail SouthCottage Grove Madsen, Fred10971 Grey Cloud Trail SouthCottage Grove Maloney, Ryan & Kate11881 Grey Cloud Trail SouthCottage Grove Wald, Gene11500 Grey Cloud Trail SouthCottage Grove Mining Operations el Facility excavates and processes aggregate materialswhich are utilized for ready mix concrete and/or asphalt products forthe 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, asadditional exploration occurs. At this time, the Company is in the process of re-starting the Mississippi Riverbackwaters 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 thenscreened off andpumped 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 700,000 to 725,000tonsof aggregatematerialin2021. Themajority of the material from the Nelson Sand & Gravel facility is transported by barge up the Mississippi River to distribution yardin St. Paul. In2020,roughly 665,000 tons of aggregate were transported up river. In addition,roughly 18,000tons were transported rdth by truck on Grey Cloud Trail South to 103Street, east to Hadley Avenue, north to 100Street, then to U.S. Highway 61. The Company hasmined around and past the area that was thought to have the greatest potential as the site of the historic town siteTownSite 21WA48. As mining progresses to the west, the area that is identified as theBurial Mound Group 21WA9will be left undisturbed. 3 Reclamation The2021Operations Planshows the area where the St Croix Crossing Casting Plant and yard 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 2021Operations Plandepictsroughly 265acres which have been reclaimed to date. Thecurrent plansfor reclamation of Lower Grey Cloud Island aredepictedon the and the Harbor Island Concept Plan.These concepts propose a planned unit development of mixed residential, general terms. Ongoing reclamation efforts will continuein2021andbeyondbycreating the large lake and peninsula, as well as slope and shore stabilization/establishmentand 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 areanorth 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 slopedgradually from northeast to southwest at an elevation substantially above the100- year flood plain. Since 2010 the Company has been implementingan 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 savannaand prairie. The Company continues to work with Great River Greeningwith these reclamation efforts. Annual contributions have includedand will continue to include: 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. In 2020, a new oak grove was established in the area located northeast of the wastesand area as depicted on the 2021 Operations Plan. were planted, with mulching and rodent control implemented as well as fencing. The Company will plant eight to ten trees of the same size inthis area in2021. This oak grove will replace the former Interlachen Prairie area which will be filled in with waste sand in 2021. This area will be evaluated in the spring of 2021, to determine if any of the trees in this area can be transplanted to the newlyestablished oak grove. Additional work was also completed in 2020 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 2021Operations Plan. 4 7699 Anagram Drive (952) 937-5150(952) 937-5822Eden Prairie, MN 55344(888) 937-5150 PhoneFax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