HomeMy WebLinkAbout6.p. Renewal of Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2013, 12-32-ME 4ROSEtv1OUNT EXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: December 18, 2012
AGENDA ITEM: 12-32-ME Renewal of the Vesterra, LLC AGENDA SECTION:
and Stonex, LLC Mineral Extraction Consent
Permit for 2013
PREPARED BY: Jason Lindahl, AICP AGENDA NO. .
Planner
ATTACHMENTS: Excerpt PC Minutes from 11-27-12,
Location Map; 2013 Conditions for
Mineral Extraction; Applicant's APPROVED BY:
Narrative; Stonex-Vesterra Borrow Pit
Reclamation Protocol Rosemount, MN 01J
RECOMMENDED ACTION: Motion to approve renewal of the Vesterra, LLC and Stonex,
LLC Mineral Extraction Permit for 2013, subject to the standards outlined in Section 11-10-
4 of the Zoning Ordinance and the 2013 Conditions for Mineral Extraction.
SUMMARY
Applicant: Jonathan Wilmshurst of Vesterra,LLC and Stonex,LLC
Property Owner: Flint Hills Resources
Operator: Primarily Solberg Aggregates but possibly others
Location: South of Bonaire Path, '/a mile west of Blaine Ave.
Area in acres: Vesterra— 75 Acres, the north half along 135`" Street East.
Stonex— 80 Acres, the south half.
Comp Plan Designation: LI,Light Industrial
Current zoning: AG,Agriculture
Material removed in 2012: Less than 20,000 tons
The applicant,Jonathan Wilmshurst of Vesterra LLC/Stonex LLC, requests renewal of the Vesterra and
Stonex mineral extraction permit for 2013. The subject properties are located south of Bonaire Path, '/a mile
west of Blaine Avenue (County Road 71). The properties are owned by Flint Hills Resources which leases
them back to the applicant for mineral extraction. While both Flint Hills and Vesterra,LLC/Stonex,LLC
are parties to this application, the responsibility for securities and compliance with the conditions remains
with Vesterra and Stonex as the property lessee. Upon review of the mineral extraction standards, police
records and the information submitted by the applicant, staff recommends renewal of this permit.
PLANNING COMMISSION ACTION
The Planning Commission reviewed this item on November 27, 2012. An excerpt of the draft minutes
from that meeting is attached for your reference. After a presentation from staff, the Commission held a
public hearing that produced no comments. Following the public hearing the Commission asked
questions regarding the current depth of mining activity and the amount of topsoil required at reclamation.
Staff explained that the depth of the current mining activity is approximately 50 feet above the water table
(see applicant's narrative attached) and Condition U of the mineral extraction permit requires at least 2
inches of topsoil at reclamation. Staff plans to review the Small Scale mineral extraction permit criteria,
including topsoil standard,in 2013. The Commission then approved a motion to recommend the City
Council renew the Vesterra/Stonex permit for 2013 with the additional condition allowing the City the
ability to collect independent soil samples.
BACKGROUND
According to the applicant, the Vesterra/Stonex site experienced a reduction in activity during 2012. The
operator removed less than 20,000 tons of material and no fill was imported in 2012. By comparison,
approximately 50,000 tons of material was removed in each of 2010 and 2011. The applicant attributes
this decline in activity to the relative lack of snow and ice last winter and the recovering construction
industry. A routine check of police records for the subject property found no incidents in 2012.
Mr.Wilmshurst anticipates increased activity for 2013 based on the improving construction market. The
2013 Mine Plan indicates the applicant intends to continue to remove material from Phases 1. The
applicant has no plans to mine in the eastern portion of the site and affirms that any importation of clean
fill will conform to the approved haul back protocol (attached). Should any haul back occur, Condition
FF of the permit requires the applicant to submit bi-annual reports to the City that describe the quantities
of material brought to the site,where the material came from and the test results (including supporting
analytical date) of the material.
ISSUE ANALYSIS
The subject property is zoned AG-Agriculture. Small scale mineral extraction is listed as an interim use
within this district. The table below details the zoning, current land use and future land use information for
the surrounding properties. The sites to the west,south,and east are located within the current
Metropolitan Urban Service Area (MUSA). It should be noted that some of the agriculture uses include
associated residential uses and the applicant has a farming tenant operating on a portion of the subject
property outside the active mining area.
Surrounding Land Use and Zoning Information
Direction Current Land Use Guided Land Use Zoning
North Agriculture Agriculture Agriculture
South Agriculture Medium Density Residential (west half) Agriculture
Business Park (east half)
East Agriculture Light Industrial Agriculture
West Agriculture Low Density Residential Agriculture Preserve
This use meets or exceeds the applicable performance standards for small scale mineral extraction. The
subject property meets or exceeds the required setbacks for small scale mineral extraction sites including 5
feet from a utility, 30 feet from any adjoining property not used for mineral extraction and 50 feet from
any public street right-of-way. By ordinance the active area of the mine is limited to 15 acres. The
applicant's 2013 Mine Plan includes an open area, area previously stripped and the area proposed to be
stripped totaling approximately 14 acres.
Currently,access to both properties comes through a gated entrance at the northeast corner of the
Vesterra property along Bonaire Path. As mining activity on the site progresses south onto the Stonex
property,the applicant plans to shift access to the pit from Bonaire Path to Blaine Avenue (County Road
71) across the 80 acre parcel to the west owned by Flint Hills Resources. Mr.Wilmshurst does not
anticipate a change in access during this year. Should conditions warrant a change in access the applicant
will come back to the City to amend the permit.
2
RECOMMENDATION
Both the Planning Commission and staff recommend renewal of the Vesterra and Stonex Mineral Extraction
Permit 2013. This recommendation is subject to the conditions outlined in the attached permit as well as the
mineral extraction permit standards outlined in Section 11-10-4. Upon review of these standards,police
records, and the information submitted by the applicant, staff recommends renewal of this permit.
3
EXCERPT OF DRAFT MINUTES
PLANNING COMMISSION REGULAR MEETING
NOVEMBER 27, 2012
5.a. Request for Renewal of the Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2013
(12-32-ME).Planner Lindahl stated that the applicant,Jonathan Wilmshurst of Vesterra LLC/Stonex
LLC,requests renewal of the Vesterra and Stonex mineral extraction permit for 2013. Upon review
of the mineral extraction standards,police records and the information submitted by the applicant,
staff recommends renewal of this permit.
Commissioner Miller asked what the current depth of extraction was. Mr. Lindahl stated the
applicant had said they were operating at approximately 30 feet above groundwater. Commissioner
Miller then asked if the requirement in Condition U of the amount of topsoil is consistent with
other small scale permits. Senior Planner Zweber answered that the two inch standard for top soil is
identical to all other small scale permits while the large scale permit requires six inches. Mr. Zweber
further stated that staff plans to review the ordinance for updates in the spring.
Commissioner Demuth asked if a condition could be added similar to the recent UMore mining
permit which allows the City the ability to collect independent soil samplings. Mr. Zweber stated
that the Commission has the ability to add that condition if they choose.
Public hearing opened at 6:42pm.
Jim Bauers,220 West Lake Street,Exclesior,one of the owners of Stonex-Vesterra approached the
Commission to answer any questions.
Commissioner Miller asked the applicant if he had any challenges or concerns with the proposed
permit. Mr.Bauers replied that he is happy with the terms of the permit and also with respect to the
top soil requirement,Mr. Bauers stated that Stonex-Vesterra does not sell any black dirt from top;
they replace all topsoil as part of the reclamation.
Commissioner Miller asked about the reclamation plan with respect to haulback material. Mr.
Bauers replied that the property will be reclaimed to slope gently down to the grade of the road
retaining some trees and natural vegetation. He further stated the only material brought from the
outside is concrete rubble which is stockpiled and ground down when it is marketable to sell. The
material is not used for backfill.
Chairperson Powell asked Mr. Bauers whether or not it would be an undue burden upon the
applicant if the topsoil requirement would be increased from 2 to 6 inches. Mr. Bauers stated that in
some cases, there is only 4-6 inches of topsoil to begin with and sometimes less,but he stated he
does not see that requirement to be a major problem.
There were no further public comments.
MOTION by Miller to close the public hearing.
Second by Husain.
Ayes: 6. Nays: None. Motion approved. Public hearing was closed at 6:54p.m.
Commissioner Dinella asked if it was common to have the lessee of the property submit the
application and not the owner of the property. Mr. Lindahl stated that both the lessee and the
owner of the property are parties to the permit and therefore,all parties would be held responsible.
Mr. Zweber added that the securities only come from the lessee but could be enforced upon the
owner if warranted.
MOTION by Powell to recommend the City Council renew the Vesterra,LLC and Stonex,
LLC Mineral Extraction Permit for 2013, subject to:
1. Provision of a surety bond as required under item M of the 2013 Conditions for
Mineral Extraction.
2. Provision of a certificate of comprehensive general liability insurance as required
under item N of the 2013 Conditions for Mineral Extraction.
3. Additional Condition T allowing the City of Rosemount the ability to collect
independent soil samplings.
Second by Miller.
Ayes: 6. Nays: None. Motion approved.
Mr. Lindahl stated this item is scheduled to go to the City Council on December 18,2012.
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EXHIBIT 1
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Mineral Extraction Permit
2013 Conditions for Mineral Extraction Permit
VESTERRA, LLC and STONEX, LLC
A. By their signatures below,Vesterra, LLC and Stonex, LLC (hereinafter collectively
referred to as the "Property Lessee") and Flint Hills Resources(herein after"the
Property Owner") consent to these conditions,binding themselves and their
successors, heirs or assigns to the conditions of this permit. Vesterra, LLC and
Stonex, LLC are jointly and severally liable and responsible for compliance with all
conditions of this permit and all requirements of law relating to the licensed
activities. Mineral Extraction is an Interim Use in the Agriculture District of which
the permit area is a part according to Ordinance B, the City of Rosemount Zoning
Ordinance Regulations. Property Owner consents to entry onto the Subject Property
by the City,the City's employees, agents, and contractors, as needed to inspect the
work of the permit, enforce the conditions of the permit and undertake any work
needed to comply with permit conditions including mine closing and reclamation.
B. This permit is granted for the area designated as Phase 1 on Exhibit 2 which is
attached hereto as one of the exhibits.
C. The completion date of the overall mineral extraction process including site
reclamation shall be no later than December 31, 2014 for the northern 75 acres,the
Vesterra site. The completion date of the overall mineral extraction process
including site restoration shall be no later than December 31, 2018 for the southern
80 acres,the Stonex site. The term of this permit shall extend from January 1, 2013
until December 31,2013 unless revoked prior to that for failure to comply with the
permit requirements. A mining permit fee of$370.00 shall be paid to the City of
Rosemount.
D. All required permits from the State of Minnesota, County of Dakota and City of
Rosemount(hereinafter "City") or any of their agencies shall be obtained and
submitted to the City prior to the issuance of the permit. Failure by the Property
Lessee to comply with the terms and conditions of any of the permits required under
this paragraph shall be grounds for the City to terminate said mining permit.
E. The final grading for the permit area shall be completed in accordance with the
grading plan labeled Exhibit 3, which is attached hereto, or as approved by the City
Engineer, and any other conditions that may be imposed by the City from time to
time.
F. All gravel trucks and other mining related traffic shall enter and exit the mining area
from Bonaire Path(County Road 38). It shall be the Property Lessee's
responsibility to obtain any access permits or easements necessary for ingress and
egress. The location of the accesses and/or easements for ingress and egress shall be
subject to approval by the City, as well as the Dakota County Highway Department
or the Minnesota Department of Transportation if applicable or if any changes occur
2013 Mining Permit
Vesterra, LLC/Stonex,LLC
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relative to the mining process. The current location of the access driveway is
indicated on the Location Map, Exhibit 1. Warning signs including"Trucks
Hauling" shall be installed at the Property Owner's expense as needed in accordance
with Dakota County requirements. Any street improvements to Bonaire Path,
County Road 71 or CSAH 42 necessary to accommodate the generated traffic shall
be the sole responsibility of the Property Lessee.
G. A plan for dust control shall be submitted to and subject to approval by the City.
The Property Lessee shall clean dirt and debris from extraction or hauling operations
related to the Mineral Extraction Permit from streets. After the Property Lessee has
received 24-hour verbal notice,the City may complete or contract to complete the
clean-up at the Property Lessee's expense. In the event of a traffic hazard as
determined by the City Administrator(or their designee) or Rosemount Police
Department,the City may proceed immediately to complete or contract cleanup at
Property Lessee's expense without prior notification.
H. The surface water drainage of the mining area shall not be altered so as to interfere,
contaminate or otherwise impact the natural drainage of adjacent property.
I. No topsoil shall be removed from the site and the Property Lessee shall take
necessary measures to prevent erosion of the stockpiled topsoil. The location of the
stockpiled topsoil shall be indicated on Exhibit 2,the Phasing Plan.
J. Any costs incurred now or in the future in changing the location of existing public or
private utilities including but not limited to pipelines, transmission structures and
sewer infrastructure located within the permit area shall be the sole obligation and
expense of the Property Lessee.
K. All costs of processing the permit, including but not limited to planning fees,
engineering fees and legal fees, shall be paid by the Property Lessee prior to the
issuance of the permit. The Property Lessee shall reimburse the City for the cost of
periodic inspections by the City Administrator or any other City employee for the
purpose of insuring that conditions of the permit are being satisfied. The Property
Lessee agrees to reimburse the City for any other costs incurred as a result of the
granting or enforcing of the permit.
L. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00
p.m., Monday through Saturday subject to being changed by the City Council.
M. The Property Lessee shall deposit with the Planning Department a surety bond or
cash deposit in the amount of Seven Thousand, Five Hundred Dollars per acre
($7,500.00/acre)for any active phase in favor of the City for the cost of restoration,
regrading and/or revegetating land disturbed by mining activities and to ensure
performance of all requirements of this agreement and City ordinances by Property
Lessee. The required surety bonds must be:
2013 Mining Permit
Vesterra,LLC/Stonex,LLC
3 of
(1) With good and sufficient surety by a surety company authorized to do
business in the State of Minnesota.
(2) Satisfactory to the City Attorney in form and substance.
(3) Conditioned that the Property Lessee will faithfully comply with all the
terms, conditions and requirements of the permit; all rules,regulations and
requirements pursuant to the permit and as required by the City and all
reasonable requirements of the City Administrator(or his designee) or any
other City officials.
(4) Conditioned that the Property Lessee will secure the City and its officers
harmless against any and all claims, or for which the City,the Council or any
City officer may be made liable by reason of any accident or injury to
persons or property through the fault of the Property Lessee.
(5) The surety bond or cash deposit shall remain in effect from January 1, 2013
until July 31, 2014.
Upon thirty(30) days notice to the Property Lessee and surety company,the City
may reduce or increase the amount of the bond or cash deposit during the term of
this permit in order to insure that the City is adequately protected.
N. The Property Lessee shall furnish a certificate of comprehensive general liability
insurance issued by insurers duly licensed within the State of Minnesota in an
amount of at least Five Hundred Thousand and no/100 ($500,000.00) Dollars for
injury or death of any one person in any one occurrence, and at least One Million
Five Hundred Thousand and no/100 ($1,500,000.00) Dollars for injury or death of
more than one person arising out of one occurrence and property damage liability in
an amount of at least Two Hundred Fifty Thousand and no/100 ($250,000.00)
Dollars arising out of any one occurrence. The policy of insurance shall name the
City as an additional insured and shall remain in effect from January 1, 2013 until
July 31, 2014.
O. No processing or mixing of materials shall occur on the site,except as approved by
the Dakota County Environmental Management Department as incidental to a sand
and gravel mining operation. Any such activities will be enclosed with snow or
cyclone fencing or as approved by City staff. Construction of any ponding areas,
wash plants or other processing or equipment brought to the site shall require
additional site and grading plan information subject to review and approval of the
City Engineer.
P. The Property Lessee and the Property Owner shall hold the City harmless from all
claims or causes of action that may result from the granting of the permit. The
Property Lessee shall indemnify the City for all costs, damages or expenses,
including but not limited to attorney's fees that the City may pay or incur in
consequence of such claims.
2013 Mining Permit
Vesterra,LLC/Stonex,LLC
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Q. The Property Lessee and the Property Owner shall comply with such other
requirements of the City Council as it shall from time to time deem proper and
necessary for the protection of the citizens and general welfare of the community.
R. Complete mining and reclamation is required in all phases before any additional
mining is authorized. Modifications or expansion of the mining areas must be
approved in writing to the City. Property Lessee shall submit to the City semi-
annually a written report indicating the amount of material extracted from the site
for the prior six-month period.
S. The Property Lessee shall incorporate best management practices for controlling
erosion and storm water runoff as specified by the Minnesota Pollution Control
Agency and the United States Environmental Protection Agency.
T. The Cityof Rosemount shall have the ability to collect indenpendant soil samples
U. Reclamation shall include the replacement of the entire stockpile of topsoil on the
mined area, reseeding and mulching necessary to re-establish vegetative cover for
permanent slope stabilization and erosion control. The minimum depth of topsoil
shall not be less than two inches after reclamation. Topsoil for reclamation shall
conform to specifications on file with the City. No restored slopes may exceed a
gradient of 25% or four to 1 (4:1).
V. The Property Lessee must show how materials stockpiled for recycling will be
processed and inform the City of all stockpiled materials.
W. The Property Lessee may not assign this permit without written approval of the City.
The Property Lessee will be responsible for all requirements of this permit and all
City ordinances on the licensed premises for the permit period unless the Property
Lessee gives sixty (60) days prior written notice to the City of termination and
surrenders the permit to the City. The Property Lessee shall identify all Operators
prior to their commencement of mineral extraction-related activities in the pit area.
The City shall have the authority to cause all mineral extraction activities to cease at
any time there is an apparent breach of the terms of this Permit.
X. The Property Lessee shall maintain a"stock" gate (or equivalent) at the entrance to
the property where the mining operation is located. The gate must be secured at
7:00 p.m. and at any time the pit is not in use.
Y. There shall be no"haul-back" of materials from any other property or job site that
would be imported to the property for fill or other purposes other than incidental
concrete recycling as referred to in paragraphs 0,V and FF; and topsoil imported
for the purpose of re-establishing turf as accepted by the City.
Z. Truck operators within the pit area shall not engage in practices involving slamming
tailgates,vibrating boxes, using of"jake" or engine brakes (except in emergency
situations) or other such activities that result in excessive noise.
2013 Mining Permit
Vesterra,LLC/Stonex,LLC
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AA. The Property Lessee shall comply with directions from the City Engineer.
BB. A landscaping plan shall be prepared subject to approval by City Staff, for the
purpose of providing vegetative screening within the setback areas of the various
phases of the mining area. Said landscaping shall be installed according to City
standards,prior to commencement of operations within an adjacent phase area.
CC. No retail activity is permitted on the site. Materials imported to the site are limited to
materials to be recycled and mixed with aggregate extracted from the site and topsoil
for reestablishing ground cover or turf.
DD.Off-site mining connected with the reconstruction of County Road 38 or
construction of Connemara Trail shall require separate project approval by the City
Council. The site reclamation plan with proposed grades and future street
alignments is subject to approval by the City Engineer.
EE. The storage of equipment(unrelated to the sand and gravel mining and processing),
manure, construction debris, or hazardous materials of any kind shall not be
permitted on site. The placement of construction debris, manure, asphalt or
hazardous materials in any form within the pit as fill shall be strictly prohibited.
FF. The fill area re-grading and reclamation shall follow the procedures described in the
Stonex LLC and Vesterra LLC Reclamation Protocol Rosemount, Minnesota.
Stonex, LLC and Vesterra, LLC shall compact the entire reclamation site to a
minimum compaction of 95%of maximum dry density. Reports shall be submitted
to the City by August 1St and February 1st describing any fill importation from
January 1St through June 30th and July 1St through December 31si respectively. The
bi-annual reports submitted shall describe the quantities of material brought in,
where the material came from, and the test results, including supporting analytical
results of the materials.
2013 Mining Permit
Vesterra,LLC/Stonex,LLC
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IN WITNESS WHEREOF, Vesterra, LLC and Stonex, LLC hereby consents
and agrees to the foregoing conditions of said mining permit this day of
, 20
Vesterra, LLC and Stonex, LLC
By:
Jonathan J. Wilmshurst, Owner
STATE OF MINNESOTA )
) ss
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of
, 20 , by Jonathan J. Wilmshurst, the Owner of Vesterra, LLC and
Stonex, LLC
Notary Public
IN WITNESS WHEREOF, Flint Hills Resources, hereby consents and agrees to
the foregoing conditions of said mining permit this day of ,
20
Flint Hills Resources
Its
STATE OF MINNESOTA )
)ss
COUNTY OF DAKOTA )
The forgoing instrument was acknowledged before me this day of
, 20 , by , Flint Hills Resources, Its , the
Property Owner, on behalf of the company.
Notary Public
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Topography,roads and parcel data hom Prepared for Stones,LLC
Dakota County CONCEPTUAL END USE PLAN I hereby certify that this plan,document.or report was
Contour Interval 21eet Y % P p prepared by
50-foot property line setbacks except for me or under my direct supervision and that I am a duly Licensed
northwest Professional Geologist under the laws of the state of Minnesota.
Stonex and Vesterra Properties 0./o
0 150 300 Feet
I I 1 City of Rosemount,Dakota County,Minnesota J.D.Lehr Date.January 13,2005
Reg.No.30063
EXHIBIT 3
Vesterra, LLC and Stonex,LLC
Annual Mining Permit Renewal Request for 2013
October, 2012
Activity at the pit has been somewhat slower than last year due to the relative lack of
snow and ice last winter. Total tons removed for the year will be less than 20,000. The
construction market has recovered somewhat this year and we remain optimistic that
activity will pick up at the pit in the future.
Solberg has been the only company to remove any significant volume this year. They
still intend to install a scale once the level of business justifies it. The mine face has
progressed approximately 50 feet to the west this season and there will need to be some
stripping done next spring,probably an additional 50-100 feet.
Truck traffic from the operation continues to exit onto Belaire Path. In due course it is
intended to relocate truck access onto Co. Rd. 71, which was recently resurfaced. There
has been no progression of mining to the south this year that would open a roadway to
this exit.
At this time there is no plan to mine the east end of the property, but this would make a
decent base product and could be of interest in the future.
The 2013 mine plan shows the"open" area,the area previously stripped, and the area
proposed to be stripped. The total acreage included in these three areas is approximately
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14 acres.
Dust control measures will be employed as necessary. Regular reclamation and
planting/seeding of berms and pit floor will keep exposed soils to a minimum, and roads
will be regularly sprayed with water. The lower elevation of the mine floor together with
the trees and vegetation that have sprouted in earlier areas of activity have been steadily
reducing the exposed pit floor.
All storm water is retained on the property. The current pit floor elevation is 875-880
feet. The Quaternary Hydrogeology Plate from the Geologic Atlas for Dakota County
shows that the water table elevation in the immediate vicinity is at approximately 825 feet
so mining does not approach anywhere near the water table. This was confirmed to some
degree by a trial borehole that went approximately 30 feet into the pit floor and did not
encounter groundwater.
No fill was imported this season, but in the event that fill were to be imported it would be
done in conformance with the previously agreed fill Protocol.
Vesterra/Stonex thanks the Rosemount Planning Commission and City Council for its
consideration of this application for renewal.
STONEX,LLC.and VESTERRA,LLC.
BORROW PIT RECLAMATION PROTOCOL
ROSEMOUNT,MINNESOTA
Vesterra,LLC and Stonex,LLC are currently leasing their property to third parties for the primary purpose of sand
and gravel mining. Final grading plans have previously been submitted to,and approved by,the City of Rosemount.
We have an obligation to reclaim the property and there are opportunities from time to time to import clean fill
materials onto the property to use in the reclamation process.
The materials that will be imported will be restricted to larger projects where the source can be fully assessed,such
as projects that involve street reconstruction for local municipalities. Materials taken from larger projects are much
easier to monitor than odd loads from many different places. Larger projects can be assessed beforehand in terms of
their history and ownership and are therefore more practical to manage.
Protocol
The reclamation process contemplates restoring the properties to a condition suitable for agriculture,with the
ultimate end-use guided as light-industrial. To this end,the following steps will be put in place:
1. All sources of fill materials will be evaluated for the likely presence of contaminants prior to being brought
into the mine.
2. Imported fill that contains contaminants,most likely petroleum products but including excessive amounts
of organic or plant matter,or waste or trash will not be permitted to be brought into the mine.
3. Organic-rich material will be used for surface reclamation rather than being buried.
4. Imported fill will generally be suitable for compaction so that the property can ultimately be developed
without excessive re-working of the fill.
5. Large amounts of fill will be placed in lifts.
6. Imported fill will be visibly inspected for contamination,and also`sniffed'to check for petroleum or other
volatile or odiferous compounds.
7. Imported fill will not be higher than the original landform except along the alignment of the proposed bike
trail.
8. Imported fill will not in any case be placed thicker than 45 feet.
Quality control
Inspection procedures
All imported fill will be inspected prior to removal at origin,and again after placement. It will always be the
responsibility of the landowner and/or contractor excavating and/or transporting the fill to ensure it is clean and free
from contaminants.
Periodically,spot checks will be performed on imported fill by a certified testing laboratory to ensure that it is free
of contaminants. As a general rule,these tests will be at the expense of the owner/contractor,who will ultimately be
g P ,
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held responsible for the treatment or removal of contaminated materials.
Where quantities of fill in excess of five thousand cubic yards are imported from a single site,or where fill is placed
more than twenty feet thick,then additional testing will be done to ensure that the fill is compactable and that it has
a normal moisture:density relationship. These tests will be done in accordance with ASTM:D698 and ASTM:
D422.
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STONEX/VESTERRA RECLAMATION PROTOCOL-2010
Placement procedures
Material placement will be determined by the quality of material being brought in,moisture conditions in the soils,
and weather conditions. Organic materials such as plant debris will be set aside to be burnt if necessary,or placed in
the surface lift if they are sufficiently composted. Wet materials will be allowed to dry out before being compacted.
Material will be compacted in lifts,the thickness of which will be determined at the time depending on the fill
quality and the weather conditions. No filling will be done if the ground is saturated or frozen. The fmal surface
will be graded so as not to allow standing water to accumulate,unless by design.
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