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HomeMy WebLinkAbout5.b. Danner Small Scale Mineral Extraction Permit Renewal 2016 E X E C U T I V E S U M M A R Y Planning Commission Meeting Date: November 24, 2015 Tentative City Council Meeting Date: December 15, 2015 AGENDA ITEM: Case 15-42 ME Danner Small Scale Mineral Extraction Permit Renewal for 2016 AGENDA SECTION: Public Hearing PREPARED BY: Kyle Klatt, Senior Planner AGENDA NO. 5.b. ATTACHMENTS: Location Map, Draft 2016 Mineral Extraction Permit, Email from Applicant, Mineral Extraction Permit Status (2 Maps), Soil Test Report from Braun Intertec APPROVED BY: K.L. RECOMMENDED ACTION: Motion to recommend the City Council renew the Danner, Inc. Small Scale Mineral Extraction Permit for 2016, subject to the terms and conditions in the attached Draft 2016 Conditions for Mineral Extraction. SUMMARY The Planning Commission is being asked to consider a request from Danner, Inc. to renew the existing Small Scale Mineral Extraction Permit for its operation at 4594 145th Street East in the eastern portion of the City. Small Scale Mineral Extraction is permitted in the City as an Interim Use within specified areas, and the permit for such uses expires after one year. The Danner site has been operating as a mine for several years, and the request for renewal is consistent with similar renewals that have previously been issued for the site. Applicant & Property Owner(s): Marlon L. Danner of Danner, Inc. Location: 4594 145th Street East – one half mile east of US Highway 52 and one quarter mile south of CSAH 42 Area: 75 Acres Comp. Guide Plan Desig: BP – Business Park; MDR – Medium Density Residential; HDR – High Density Residential Current Zoning: AG – Agriculture The applicant, Marlon Danner of Danner, Inc., requests renewal of the existing Small Scale Mineral Extraction permit for 2016. The present request follows closely after a similar review conducted by the Planning Commission in August of this year. The August review was required to bring the applicant into compliance with the City Code, specifically the timing requirements of their permit with the City for 2015. The delay was due to the applicant needed to get soil information to the City relating to haul back. Because the ordinance and approved permit requires annual renewal, the applicant is submitting another request prior to the end of this year in order to continue operating in 2016. Staff recommends approval of the request based upon a review of the information submitted by the applicant, the mineral extraction standards in Section 11-10-4 of the City Code, City Police records and the attached permit. 2 BACKGROUND Based on a recent permit renewals and a discussion with the applicant, the Danner operation extracted approximately 40,000 tons of sand and gravel in 2014, and through September of 2015 has removed a similar amount. The applicant anticipates that by the end of this year the total amount of material excavated in 2015 will be 50,000 to 60,000 tons. For 2016, the applicant has stated that they are planning on removing a minimum of 75,000 tons of sand and gravel. In addition to the excavation activity, Danner continues to import material to the site for future reclamation. In 2014 the applicant hauled back approximately 10,000 cubic yards of excess material from their South St. Paul location, and in 2015 brought in roughly 1,000 cubic yards of similar material from this location (from local municipalities road projects and other redevelopment projects). In 2015 the applicant also received 35,000 cubic yards of material at their Rosemount site from a CP Railroad project. All of the 2015 haul back material has been tested for compliance with the permit and City’s reclamation protocol as documented in the attached report from Braun Intertec. This report brings the applicant up to date with required testing for material being stockpiled on the site. For 2016, the applicant does not expect to receive a significant amount of material, but did note that the amount of haul back is very much dependent on the number of projects that they are able to access. Testing is required for any haul back regardless of quantity. The site plans submitted with the renewal request indicate that mining activity continued in Phase One and the eastern half of Phase Two. The boundary of the shaded area on the maps represents the active portion of the operation and is approximately 19 acres in size. This acreage is in compliance with maximum amount of the site that can be open for extraction at one time. The applicant has also provided the City with a copy of its Storm Water Pollution Prevention Plan for the placement of fill within the northern portions of the property; which is generally consistent with the reclamation plan for the property. ISSUE ANALYSIS Aggregate mining is reviewed through an interim use permit which is Quasi-Judicial actions. As such, the City has a set of standards and requirements for review. Generally, if the applications meet the ordinance requirements they must be approved. The standards and requirements for this mineral extraction are detailed in Section 11-10-4 of the Zoning Ordinance and the attached Mineral Extraction permit. The subject property is zoned AG – Agriculture and meets or exceeds the applicable performance standards for small scale mineral extraction. Small scale mineral extraction is listed as an interim use within the Agriculture district. The table below details the current land use, zoning, and future land use information for the surrounding properties. These properties are all currently zoned Agricultural or Agricultural Preserve and are located within the 2030 Metropolitan Urban Service Area (MUSA). The 2030 Future Land Use Map anticipates a mixture of residential and business park uses in this area. Surrounding Land Use and Zoning Information Direction Current Land Use Zoning Guided Land Use North Agriculture Agricultural BP – Business Park South Agriculture Agricultural Preserve MDR – Medium Density Residential HDR – High Density Residential East Agriculture Agricultural BP – Business Park West Agriculture/Mining Agricultural BP – Business Park 3 Access to the Danner mine comes from County Road 42 via a gravel road along the eastern edge of the property. This road is shared with the Ped/Kuznia (SKB) mine to the west. The applicant maintains a private access agreement with the Ped/Kuznia property to coordinate mining levels and allow continued access to both the sites. The permit application notes that haul roads within the City will continue to be County Road 42 to State Highway 52. The annual renewal for mineral extraction permits includes a site inspection and consultation with the Rosemount Police Department regarding any police activity. Police records noted no activity at the subject property in to date in 2015. A site visit earlier this year noted the storage of dumpsters on the property in violation of Condition P that have since been removed from the site. Staff visited the site on November 13th and did not identify any new issues relating to the mining operation or compliance concerns with the current permit. Staff has drafted an updated permit for review by the Planning Commission as part of its review. RECOMMENDATION Staff recommends approval of this request based upon a review of the information submitted by the applicant, the mineral extraction standards in Section 11-10-4 of the City Code, City Police records and the attached permit. 1 Mineral Extraction Permit 2016 Conditions for Small Scale Mineral Extraction Permit Renewal DANNER, INC. A Danner Inc., hereinafter referred to as the “Property Owner”, shall sign a written consent to these conditions binding itself and its successors or assigns to the conditions of said permit. B The property Owner shall comply with all terms of this permit as well as the standards for mineral extraction listed in Section 11-10-04 of the City Code. C This permit is granted for the area designated as the eastern half of Phase Two and the entire Phase One (approximately 19.5 acres) on Exhibit A, Mineral Extraction Permit Status Map, which is attached hereto as one of the exhibits. Regrading and reclamation is granted for the area designated on Exhibit A. D The term of the permit shall extend from January 1, 2016 until December 31, 2016 unless revoked prior to that for failure to comply with the permit requirements. An Annual Mining Permit fee shall be paid to the City of Rosemount. E 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 Owner 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. F The final grading for the permit area shall be completed in accordance with the Final Reclamation Plan, attached as Exhibit B, or as approved by the City Engineer, and any other conditions that may be imposed by the City from time to time. G All gravel trucks and other mining related traffic shall enter and exit the mining area from County State Aid Highway 42 from the joint access between the Danner and Ped properties and the designated truck route to (and from) the site shall be CSAH 42, west to State Trunk Highway 52 (STH 52), north on STH 52 to the City boundary. . It shall be the Property Owner'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 County Highway Department if any changes occur relative to the mining process. H A plan for dust control shall be implemented and subject to approval by the City. The Property Owner shall clean dirt and debris from extraction or hauling operations related to the Mineral Extraction Permit from streets. After the Property Owner has received 24-hour verbal notice, the City may complete or contract to complete the clean up at the Property Owner’s expense. In the event of a traffic hazard as determined by the Public Works Director or Rosemount Police Department, the City may proceed immediately to complete or contract cleanup at Property Owner’s expense without prior notification. I The surface water drainage of the mining area shall not be altered so as to interfere, contaminate, or otherwise affect the natural drainage of adjacent property. J No topsoil shall be removed from the site and the Property Owner shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be as indicated on Exhibit A. 2 K 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 Owner. L All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the Property Owner prior to the issuance of the permit. The Property Owner shall reimburse the City for the cost of periodic inspections by the City Engineer or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. The Property Owner agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. M 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, however, to being changed by the City Council. N The Property Owner shall deposit with the Planning Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,500.00/acre) of the active mining phase in favor of the City for the cost of restoration, regrading and/or revegetating land disturbed by mining activities and to assure compliance with these conditions by the Property Owner. The required surety bonds must be: (1) With good and sufficient surety by a surety company authorized to do business in the State of Minnesota with the right of the surety company to cancel the same only upon at least thirty (30) days written notice to the permit holder and the City. (2) Satisfactory to the City Attorney in form and substance. (3) Conditioned that the Property Owner 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 Engineer, or any other City officials. (4) Conditioned that the Property Owner 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 Owner. (5) The surety bond or cash escrow shall remain in effect from January 1, 2016 to July 31, 2017. Upon thirty (30) days’ notice to the permit holder and surety company, the City may reduce or increase the amount of the bond or cash escrow during the term of this permit in order to insure that the City is adequately protected. O. The Property Owner 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, bodily injury liability in an amount of at least One Million Five Hundred Thousand and no/100 ($1,500,000.00) Dollars 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, 2016 to July 31, 2017. P. 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 in any form or hazardous materials within the pit as fill shall be strictly prohibited. Q. 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 Owner 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. 3 R. 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. S. 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 Owner shall submit to the City semiannually a written report indicating the amount of material extracted from the site for the prior six-month period. T. The Property Owner 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. U. The Reclamation Plan shall be coordinated with any abutting Mineral Extraction site to insure matching conditions and final grades along any adjoining property line(s). 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. No restored slopes may exceed a gradient of 25% or four to 1 (4:1). V. The Property Owner must show how materials stockpiled for recycling will be processed and inform the City of all stockpiled materials. W. All recycling must be completed with the completion of the current phase and materials removed from the site. No recycling processes shall be allowed to continue into subsequent phases. X. The Property Owner may not assign this permit without written approval of the City. The Property Owner will be responsible for all requirements of this permit and all City ordinances on the licensed premises for the permit period unless the Property Owner gives sixty (60) days prior written notice to the City of termination and surrenders the permit to the City. The Property Owner 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. Y. The Property Owner shall install and 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. Z. The fill area regrading and reclamation shall follow the procedures described in the Danner Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota including a bi-annual report submitted to the City describing the quantities of material brought in, where the material came from, and the test result of the material. 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. AA. No gravel mining is permitted in the Fill Area as shown on Exhibit A. BB. Mining to the elevation of 840 feet above mean sea level provided that the site is reclaimed to the elevation shown on Exhibit A with haul-back, clean-fill material in accordance with the Danner Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota. In no instance shall mining occur in the groundwater aquifer. 4 CC. Blasting or the use of explosives is prohibited in the mining of the Danner gravel pit. DD. The City of Rosemount shall have the ability to collect independent soil and water samples. EE. The operator shall install and maintain “No Trespassing” signs consistent with the standards outlined in Minnesota State Statute 609.605. IN WITNESS WHEREOF, Danner, Inc. the Property Owner, hereby consents and agrees to the foregoing conditions of said mining permit this _______ day of ______________, 20__. DANNER, INC. By:__________________________________ Its: _________________________ STATE OF MINNESOTA ) ) § COUNTY OF __________ ) The foregoing instrument was acknowledged before me this ______day of _________________, 2015, by __________________________________, on behalf of Danner, Inc., Property Owner. ______________________________________ Notary Public 1 Klatt, Kyle From:Jerry <jerrybachman@comcast.net> Sent:Wednesday, November 18, 2015 1:04 PM To:Klatt, Kyle Subject:Re: Danner Minig Renewal Kyle Danner Inc. extracted approximate 50000 yds of material in 2014. Extracted approximately 40000 yds through September of2015. In 2016 we are looking at Approximately 100000 yds depending on The amount of work being bid within the area of the mining operation. Thank you Jerry Bachman Sent from my iPhone On Nov 16, 2015, at 4:35 PM, Klatt, Kyle ng<Kyle.Klatt@ci.rosemount.mn.us> wrote: Jerry – thanks for taking time to discuss the Danner, Inc. small scale mineral extraction permit renewal application with me this afternoon. I thought I would send you a quick email so you have my contact information. As per our conversation, the City is looking for updated mining activity information to include with the information being sent to Planning Commission later this week. Feel free to contact me if you have any questions about this request. Kyle Klatt, Senior Planner City of Rosemount, 2875 145th Street W, Rosemount, MN 55068 Ph. 651-322-2052 / http://www.ci.rosemount.mn.us <image001.jpg> I i a tlm_4 I a J rle....._....,.._..m_+ i.. ' LOCATION MAP L0Wl1 E RIFll E LE` ATION: 943.4 9—'7 1— I I w LEGEND t y/..,-... .. q -_..,vL•p-- E%STING 1 CONTOUR E%ISnNC 10'CONTOUR-- PROPOSED 2 CONTOUR PROPOSED 10'CONTOUR L Exlsnec wErunD T r, a•K'. 1 1 1\ \ wN.%.Nn/..S.t/ E-TIND TREES/TREELINE 1f u 11 EROSION CONTROL r i POCK DITCH CHECK EROSION CONTROL BL.NHEli T RENTRANOCK CONCE STRUCBONIi' ....- 1 Y ROADWAY B NMINOUS PATH CURB UNE STIXtM SEWER SETBACK LINE ItMyfM.i}' i I 0. / ( ' F 7 i-- w1fY8i -; -., Vii-'-1-- a,,, V1, PIS_NEER w MINERAL EXTRACTION PERMIT D INC. ROSE- NT PIT-CO.RD.42 m P y,v,THN sslm W wr It u.eu.we STATUS-SFPIMMER 23,2015 sa+.vwl„AURuiaorA`"'IxwiT aasBxxarr,ucTa orA 1 1 i 7T SITE 11 u -R m jw . m ,j-sf,4We iter w - w.....- .- .. .,. ;... r_+'..a G....r ..- r-,...,.. .... rowlt LOCATION MAP FA k I o t- 1 I EOFEXca NE 7,2015 O W 5 IT Wo Jf LEOEfV D MIS—2'conrWR F .,_ / b EXISrMG 10'CWTWR r b PROPOSED 7 CQ4TWR Ti --•- F. f _ i f w w.w.n EXISTING TREES/TREELINE o EROSION CONTROL1IGM 1IIi1 a ROCK DITCH CHECK EROSON CONTROL BLANKET ROADWAY a NOUS PATHIAIPRCVEWENtS f - __ l-_--._ •^mm.- K !/ f i ' _ , 1 l RB UNE T X, '^`f CANCRE.WAV e s Ij SETBACK LINE 17 PIONEERenenee,;1 zazzE y.+xD n du.:.tktenLr mNssfzo rv. _ MINERAL EXTRACTION-p= DANNER,INC. RDSEMOUNT PIT-CO.RD.42 STATUS-NNE 7,2015 BraunIntertec Corporation Phone:952.995.2000BRAUN11001HampshireAvenueSFax: 952.995.2020 NTERTEG Minneapolis,MN 55438 Web: braunintertec.com The Science You Build On. October 15, 2015 Project B14-07375 Danner Inc. c/o Marley Danner 843 Hardman Avenue South South Saint Paul, MN 55075 Re: Borrow Pit Reclamation—2015 Stockpile Summary Letter 843 Hardman Avenue South Rosemount, Minnesota Dear Mr. Danner: Per your request, Braun Intertec Corporation collected a soil sample from stockpiled soil located at the above referenced property(Site) in Rosemount, Minnesota. A Site Location Map is included in Attachment 1. The purpose of the soil sampling was twofold. In order to obtain a 2016 Small Scale Mineral Extraction Permit, Danner, Inc. is required to document that their 2015 "haul back" material meets all the requirements of the 2014 Conditions for Small Scale Mineral Extraction Permit for Danner, Inc. and the Danner Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota (2014 Protocol). The 2014 Protocol includes environmental testing and observation of"haul back" material. Second,the sampling will help with Danner Inc.'s reclamation end-goal for the borrow pit which includes creating prepared building pads for light commercial construction (as noted in the 2014 Protocol Guiding Principles). In addition to the stockpile sampling, Braun Intertec obtained analytical data for soils associated with a Canadian Pacific(CP) Railroad project located in St. Paul, MN from which the excess soils were stockpiled at the Site. Background Based on conversations with the Site owner, during 2015,an estimated 1,000 cubic yards of"haul back" soils were received from local municipalities' road-improvement projects and other redevelopment projects (2015 Stockpile). In addition, approximately 35,000 cubic yards of"haul back" soils were received from the CP Railroad project (CP Stockpile). A list of projects is included in Attachment 2. Sampling Procedures On September 3, 2015, a test pit was dug into the side of the 2015 Stockpile.The test pit extended approximately 4 feet into the stockpiled soil and one soil sample was collected. A Braun Intertec environmental scientist observed the tests pit and the stockpiled soil for unusual staining,odors, and other apparent signs of contamination.Select soil samples were collected and screened for the presence of organic vapors using a photoionization detector(PID) equipped with a 10.6-electron-volt lamp and calibrated to an isobutylene standard.The PID was used to perform a headspace method of field- analyses, as recommended by the Minnesota Pollution Control Agency(MPCA) in Petroleum Remediation Program Guidance Document 4-04(September 2008). Stockpiled soils also were observed for the presence of debris including but not limited to ash, metal, brick, concrete, and/or glass. Danner Inc. Project B14-07375 October 15, 2015 Page 2 Based on conversations with Pinnacle Engineering, Inc., prior to the CP Stockpile soils being hauled to the Site, 23 soil borings were advanced for the CP Railroad project located in St. Paul, MN on July 20, 2015. During advancement of the soil borings, an environmental field technician was onsite to screen the soils for unusual staining,odors,and other apparent signs of contamination. Select soil samples were collected and screened for the presence of organic vapors using a PID. Soils were also observed for the presence of debris including but not limited to ash, metal, brick, concrete, and/or glass. In total, 23 soil samples and 2 duplicate samples were collected from the CP Railroad project. The 2015 Stockpile soil sample was submitted to a certified laboratory for the following parameters: Diesel-range organics (DRO) using the Wisconsin Department of Natural Resources (WDNR) Method. Gasoline-range organics(GRO) using the WDNR Method. Volatile-organic compounds (VOCs) using United States Environmental Protection Agency EPA) Method 8260. Resource and Recovery Act (RCRA) Metals using EPA Methods 6010. Polyaromatic Hydrocarbons (PAHs) using EPA Method 8270. Soils sampled from the CP Railroad project were chemically analyzed for the following parameters: DRO using the WDNR Method. GRO using the WDNR Method. VOCs using EPA Method 8260. RCRA Metals using EPA Methods 6010. PAHs using EPA Method 8270. Polychlorinated biphenyls(PCBs) using EPA method 8082 Summary and Analytical Results No elevated PID readings, odor or staining were observed from the areas where the sample was collected. Soils encountered within the 2015 Stockpile consisted of silty sand with minor amounts of clay, gravel, and cobbles. Based on conversations with Pinnacle Engineering, Inc., no elevated PID readings above background levels (>5 ppm), odors, staining, or debris was observed in the soil samples collected from the CP Railroad project. For comparison purposes,chemical components detected in the soil samples are compared with their respective MPCA Industrial Soil Reference Values (SRVs)and Soil Leaching Values (SLVs).The SRVs and SLVs are allowable risk-based contaminant concentrations derived by the MPCA using risk assessment methodology, modeling,and risk management policy to guide Site investigation and cleanup actions.The SRVs and SLVs are expressed as a concentration in milligrams per kilogram(mg/kg). BRAUN NTERTEC Danner Inc. Project B14-07375 October 15, 2015 Page 3 The results of the laboratory analysis indicated that: DRO was detected in the following soil samples: Stockpile-2015, S-1, S-2, S-6 thru S-8, 5-14, dup 5-17, and 5-19 thru 5-23 at concentrations between 7.39 mg/kg and 90.5 mg/kg. Several PAHs were detected in soil sample Stockpile-2015 at concentrations greater than or equal to the laboratory method reporting limits(MRLs); however,the concentrations detected did not exceed their applicable Industrial SRVs,where established. In addition,the calculated Benzo(a)pyrene(BaP)equivalent did not exceed the established Industrial SRV. No elevated PAHs were detected in the CP Stockpile samples. Varying concentrations of the eight RCRA metals were detected in the soil samples; however, none of the concentrations detected exceeded their respective Industrial SRVs and/or SLVs with the exception of selenium. Selenium was detected in soil sample S-4 at a concentration of 6.4 mg/kg. The SLV for selenium is 2.6 mg/kg. Please note, naturally-occurring concentration of some metals including selenium exceed the SRV and/or SLV. Such soils are not considered impacted in the absence of a contaminant source or other field or laboratory indications of contamination. No VOCs or GRO were detected at concentrations greater than or equal to the laboratory method reporting limits(MRLs). We did not observe indications of staining, odors, elevated PID readings or the presence of debris in the 2015 Stockpile. Pinnacle Engineering, Inc. did not observe indications of staining, odors, elevated PID readings or the presence of debris in the CP stockpile. A summary of the analytical results for the soil samples is provided in Table 1 and the Pinnacle Engineering, Inc.tables, which are included in Attachment 3. The complete laboratory reports with chain of custody forms are included in Attachment 4. Discussion and Conclusions Based on the analytical results of the 2015 Stockpile and the CP Stockpile,field observations of the 2015 Stockpile and the CP Stockpile, and the supplemental information provided by Danner, Inc., it appears that the"haul back"stockpile soils meet the requirements of the 2014 Conditions for Small Scale Mineral Extraction Permit for Danner, Inc. and the Danner, Inc. Borrow Pit Reclamation Protocol Rosemount, Minnesota. In addition,we note that the analytical results and field observations indicate that the stockpiled soil meets the MPCA guidance document for Best Management Practices for the Off-Site Reuse of Unregulated Fill(dated February 2012). BRAUN f NTE RTEC Danner Inc. Project B14-07375 October 15,2015 Page 4 If you have any questions regarding these results,please contact Sara Nelson at 952.995.2494 or Mark Ciampone at 651.487.7015. Sincerely, BRAUN INTERTEC CORPORATION Sa Ison I r Staff Scientist , G'A d' Gl Mark A.Ciampone, PG Associate Principal—Senior Scientist Attachments: 1: Figure 2: List of Projects 3: Tables 4: Analytical Results 5: MPCA Guidance Document BRAUN INTERTEC Attachment 1 Figures F:\2014\B 1407375.dwg,Fig 1-2015,10/14/2015 8:32:53 AM 1 14.i N 150' 0 300' SCALE: 1"=300' Cr, Project B1 BRAUNm81407375 Drawing No: STOCKPILE SITE LOCATION SKETCH B1407375 2015 HAUL BACK MATERIAL SAMPLING I NTE RTEC Scale: V=300' DANNER,INC. 10 Drawn By: JAG 843 HARDMAN AVENUE SO. 11001 Hampshire Avenue So. Date Drawn: 10/22/14 SOUTH ST.PAUL,MINNESOTA Minneapolis,MN 55438 PH.(952)995-2000 Checked By: SN Last Modified: 10/14/15 FAX(952)9952020 S-1 s2 q g i'":jia' S 3a•.,,S 7 w B,k i;.,1 HI-. S-13 5-12 5,11 S9 S-10 r S-14 5-15 S-16 1 S-23 5-22 w rPinnacleN P015403.000 St.Paul Yard Legend Engineering ^ Road Excavation Material 0--g cean g wi— ng r.nsr. ,/,\ V 0 25 50 100 150 200Danner Inc.Property Stock Pile Extent is Sample Points Feet CP Railway Pnore:oal a,a,w,•«roeu afs.wr Attachment 2 List of Projects LIST OF PROJECTS South Saint Paul, Minnesota — Between 21st Avenue, Isalona Lane, Mertle Place, and Earl Lane St. Paul, Minnesota — 1000 Shop Road, St. Paul, MN (Canadian Pacific Railroad project) Various locations throughout the Twin Cities for the following entities: Q-3 Contracting, Inc., Mueller and Pribyl, Inc., and Xcel Energy Attachment 3 Table Table 1 Soil Analytical Results Danner,1- St,Paul,Minnesota 814-07375 Sample Identifier Stackplle-2015 , e l5pil 5[m..Sellpountl/Parameter selemrr'e 9/3/359:35 AM m arae lmeryel Value lme/sal 103x08]6001 Yela0b Or aM.C-P-Ms m/k{ 1.2 1,000 8.4 11,chbritl. 4).24 NE 0.15 Bmzene 4).024 10 1 0.017 Is,omobemene 4).060 NE NE BromochlmomMme 0.060 NE 0.28 BromodkhloromAd,... 4).060 17 0021 Bromobrm 4).24 650 0.13 Bromomethane 4).b0 2 0036 2.11-one(M IC)4).30 191000 8.8 n-Butylbeme.. 4).060 92 NE re-Butylbemene 4).060 70 NE tart-Butylbemene 4).060 90 NE Carbon tetrach-de 4).060 0.9 0.0077 C 1-1,ecu.- 4)A60 32 1.2 Chloroethane 4).W 3,000 NE CM1loroform 4).060 4 0.11 Chlmomeths- 4).24 23 0.11 2<Mmotoluene 4).060 436 NE 4-Chlmotoluene c(Im N1 NE L2 DA,-3-chbropropane 40.60 NI NE Oibromo'hbmmeth... 4).060 20 0.034 1,2-Di1brpmpnhme(EDB) D.060 0.5 0000015 Dibromomethane O.060 1.860 NE 1,3-Dkhbrobm]ene 4).060 11 5 11 1,3-Dichbrob.h-. 0.064 200 30 1,4Dkhbrobenime 0.060 50 0.17 Dkhbrodi0.A,.-hme 0.24 50 37 l,1-DI[hk,-pane 0060 55 0.41 1,2-Dkhbroeth4ne O.OW 6 0.0038 1,1-Dicble-hene 0.060 60 1.4 ch-1,2-01'hlmoethme co- 22 0.21 trans 1,2-Dichloroethene 0.060 33 0.42 Dkhbrofluoromethane 0.60 NE NE 1,2-Dkhbropropane 0.060 6 0024 1.3-Dkhloropropane 4)A60 NE NE 2,2-Dkhbroprop4ne 40.24 NE NE L1-Dkhbropropane 0.060 NE NE cis-13Dichlprp"'P.a 40.060 NE O.O11 N ms 1.3-Dkhbropropane 40.060 NE ..It D,.hy:eIh.,(Ethyl At-) 4).24 Nf 0.51 Ethylbanzene 4)A60 200 1 Hexachlmo-l.}butadlme 0.30 37 0.037 koprnpvbenzene(Cumene) 40.060 B7 9.5 hop,o yholum<4).060 NE NE Methylene Orbride 40.24 158 0.017 4-Me[M1VI-Z-Pentanone(MIB") 9,000 0.76 Methyl-ten-butyl ethre 40.060 NE NE Naphthalene A.24 28 4.5 n- Acylbm[ene 40.060 93 NE Styrene 4).060 600 Z 1,1,1,2 Tetrachloroethane 0060 51 0.41 1,1,1,l.Tetrxhloroethane 4).060 6.5 0.012 Tetrachlmoethene W.O60 131 0.042 Tetrahvtlroturan 42.4 NE 0.24 Toluene 4).060 305 2.5 1.2,3 Trkhlorobmzene 4).060 NE NE 1,2,4 irichlorob=-A 4).060 985 0.23 I,L1 Trkhbroethane 0.060 472 56 1,1.1'ri'hbroethane 4).060 14 0.014 Trkhbroethene 0.0w 46 0.0023 Trkhlap11-methane c2.2'1 195 35 1.2.3Yrkhbropro en< N.34 NE 0.2] 1,1,2Trlchbro0lfluoroetMne 0.24 5,430 17.000 1,2,4.Trehethylbenzme 0.060 25 2.7 1A5.THmeehylbmzme 4).060 10 2.7 V. ch-c. 0.024 22 0A014 gylme(Total) 0.18 130 5.4 UhKV.j"w Or Pic Com uMs Z,aPhthene 40.012 5,260 81 napM1ehylane 40.012 NE NE Anthracene 0.017 45,400 1,300 Benzga)anlhmune OA90 [PAH 'PAH Benzoa)pyrene 0.10 .PAH 1.4 BenzoihMpomnthene O.ls .PAH [DAH Benzo:h.i)perylene 0.089 Nf NE eenzo(k a anthene 0063 .PAH cPAH Ch,ene o 0.14 .PAH 'PAH Dibem(a.h)anthra'env Is- [PAH 'PAH fluomnthene 0.21 6,800 670 INA,- I.012 4,120 110 Ind•n(1,2,3-'d)PYrene 0.071 'PAH 'PAH Naphmal•oe D,012 28 4.5 Phena„Ihre.e 0.12 NE NE Pym-- 0.23 S.S. 440 Bap Ecuvalent' 0.15 3 1.4 Total Ibtml.um Hydreufbdm)mg/kg) 10"i 2104 26,2R1 NE NE Meblilmg/k Arse. 3.5 20 5.8 Bariw,i M.x 18,000 1.700 Catlrn um O.1B 200 8.8 Chromium 12.3 650N 3614 d 5.1 700 2,700 Mbr'u'y 4).023 1.5 3.3 Selenium 43.2 1.300 2.6 Silver 4).58 1,300 7.9 wetee.I'I U31-1,h'mc-ry In the Wboratory'nitro(sample Ills)exceeded OC limos.-1,11 Ples- bebwreponmglimitsmassoCured sample'.Resultsunaliremdbvhig-le. 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P 1700 Elm Street-Suite 200 aceAnalytical Minneapolis,MN 55414 www.paceiabs.com 612)607-1700 September 14, 2015 Sara Nelson Braun Intertec Corp. 11001 Hampshire Ave. S. Bloomington, MN 55438 RE: Project: B1407375 Danner Inc Pace Project No.: 10320876 Dear Sara Nelson: Enclosed are the analytical results for sample(s) received by the laboratory on September 03, 2015. The results relate only to the samples included in this report. Results reported herein conform to the rnost current TNI standards and the laboratory's Quality Assurance Manual, where applicable, unless otherwise noted in the body of the report. If you have any questions concerning this report, please feel free to contact me. Sincerely, Oyeyemi Odujole oyeyemi.odujole@pacelabs.com Project Manager Enclosures Q pCC4,- REPORT OF LABORATORY ANALYSIS c This report shall not be reproduced,except in full, q8" without the written consent of Pace Analytical Services,Inc. Page 1 of 32