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HomeMy WebLinkAbout6.h. Request by SKB Environmental for a Mineral Extractiion Permit at the Otto Ped/Grace Kuznia Properties. Case 11-08-MFAGENDA ITEM: Case 11- 08 -ME: Request by SKB Environmental for a Mineral Extraction Permit at the Otto Ped /Grace Kuznia Properties AGENDA SECTION: Consent PREPARED BY: Eric Zweber, Senior Planner AG j A NO. ATTACHMENTS: Site Map; 2011 Mineral Extraction Permit; Excerpt of Draft Minutes from the April 26 Planning Commission Minutes; Mining Plan; Reclamation Plan; Sand and Gravel Mining Plan and Backfill Plan; Sand and Gravel Backfill Protocol; Groundwater Elevation Exhibit; Excerpt from the Quaternary Hydrogeology Plate from the Dakota County Geological Atlas. APPROVED BY: NO RECOMMENDED ACTION: Motion to approve the SKB Environmental, Inc. Mineral Extraction Permit for 2011. 4 ROSEMOUNT CITY COUNCIL City Council Meeting Date: May 17, 2011 EXECUTIVE SUMMARY ISSUE The applicant, SKB Environmental, Inc. (SKB), requests a modification to the mineral extraction permit for the Otto Ped and Grace Kuznia properties located 4992 145 Street East. APRIL 26 PLANNING COMMISSION MEETING At their April 26 meeting, the Planning Commission conducted a public hearing for the SKB mineral extraction permit. No residents spoke during the public hearing. Commissioner Miller questioned the review process of the clean fill testing. Richard O'Gara, President of SKB, responded that the soil is tested at the construction site before it is shipped and any soil that is contaminated is not brought to the mine. The testing is done by an independent testing company and the specifications of the testing are set up by the construction project owner. Commissioner Miller also questioned the groundwater level fluctuations. Mr. O'Gara stated that they monitor the groundwater levels at their landfill nearby every 3 months and they have seen lower water levels than what is on the map but not higher levels. Mr. O'Gara also stated that their proposed mine will stay approximately 30 feet above the groundwater level. Commissioner DeMuth questioned if the clean fill can be used at their landfill. Mr. O'Gara stated that the landfill can use some minimally contamination soils from construction sites as cover at their landfill so they would not need the clean fill for cover. The Planning Commission recommended approval of the SKB mineral extraction permit for 2011. BACKGROUND The applicant, SKB Environmental, Inc., requests a modification to the mineral extraction permit for the Otto Ped and Grace Kuznia properties located 4992 145 Street East. The property last received a Mineral Extraction Permit in 2008 with Solberg Aggregate Company as the operator. In 2010, Solberg Aggregate performed some grading and seeding for interim reclamation before Solberg moved to operate the Stonex /Vesterra mine on Bonaire Path. SKB Environmental requests a modification to the permit to allow mining down to the 840 foot elevation and backfilling with material from construction projects of its sister company, Carl Bolander and Sons. This modification is similar to the backfill permits for Danner and Shafer's operations. Applicant: Property Owner(s): Location: Area in acres: Mining area: Comp. Guide Plan Designation: Current Zoning: SKB Environmental, Inc. Otto Ped Grace Kuznia 4992 145t Street East Ped 80 Acres, the East half along Co. Rd. 42. Kuznia 80 Acres, the West half along Co. Rd. 42. Approximately 30 acres BP Business Park, MDR Medium Density Residential and LDR Low Density Residential AG Agriculture The Ped /Kuzma mine is accessed by a joint access road with the Danner mine on the western edge of the Ped property line. Solberg had mined to the east to the approximate location of the Ped /Kuznia property line (the western half of Phase Three). The Ped property has an elevation of about 850 feet along CSAH 42 and an interim reclamation elevation of 880 feet along the southern property line. SKB is requesting to mine down to the 840 foot elevation and backfill to the 880 foot elevation with clean fill material from construction projects operated by its sister company, Carl Bolander and Sons. This request is identical the Danner mining permit (directly to the west of the Ped property) and similar to the Shafer mining permit (located west of Rich Valley Boulevard just south of 117 Street). Annual Permit Solberg operated within the eastern half of Phase Two and the western half of Phase 3 during 2008. In 2010, Solberg graded the site and performed interim reclamation by seeding the property. SKB anticipates operating in 2011 by mining to the 840 foot elevation in Phase One and the western half of Phase 2 once the permit modification is approved. Backfilling and compaction will occur within Phase One after the mining to the 840 foot elevation is complete. Staff is supportive of the annual renewal to allowing mining activity in Phase One and the western half of Phase Two subject to the conditions outlined in the attached Mineral Extraction Permit. In addition to these specific conditions, all mineral extraction permits are subject to the general performance standards outlined in Section 11 -10 -4 of the zoning ordinance. Mineral Extraction Permit Modification Solberg had completed about half of the gravel mining that is permitted on the property which allows mining down to the 862 foot elevation. There is marketable gravel below the 862 foot elevation. To fully utilize the mine, SKB is requesting to modify the Ped mineral extraction permit to mine to the 840 foot elevation on the condition that the final reclamation of the mine is returned to the approved 862 foot elevation through hauling clean fill back to the mine and compacting it. This haul -back request is similar to the haul -back provision approved at the Shafer mine Some of staff's concerns in approving the SKB modification request are that the mining activity does not occur within the groundwater and provides a safe distance between the bottom of the mining activity and the normal groundwater level. To address this subject, two exhibits are provided: a well location exhibit including static water elevation contours; and an excerpt from the Quaternary Hydrogeology Plate from the Dakota County Geological Survey. These exhibits show a groundwater elevation of about 810 feet and are consistent with the information provided by Danner during their modification. After reviewing all the exhibits provided, staff believes that there is sufficient distance between the bottom of the mine and groundwater and is supportive of the 840 foot elevation as requested. Surrounding communities such as Apple Valley and Empire Township are reluctant to approve mining close to groundwater and have additional regulations closer to the groundwater table. Apple Valley adds regulations within 15 feet of groundwater and Empire Township does when mining within 10 feet of groundwater. RECOMMENDATION Staff recommends that the City Council approve the SKB Mineral Extraction Permit for 2011. 3 Ped- Kuznia Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. Map Scale 1 inch 2000 feet Mineral Extraction Permit 2011 Conditions for Mineral Extraction Permit Renewal SKB ENVIRONMENTAL, INC. (PED- KUZNIA) A. SKB Environmental, Inc. (hereinafter the "Operator shall sign a written consent to these conditions binding itself and its successors and assigns to the conditions of this permit. Otto A. Ped and Grace Kuznia (hereinafter the "Owner shall sign written acknowledgment and consent to these conditions and to issuance of this permit in the form set forth at the end of these conditions. 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 Phase One and the western half of Phase Two as shown on the Mining Plan dated April 14, 2011 (Exhibit A, which is attached hereto). However, the applicant shall not proceed into eastern half of Phase Two without completing all reclamation requirements of this permit for Phase One. D. The term of the permit shall extend from May 18, 2011 until December 31, 2011 unless revoked prior to that for failure to comply with the permit requirements. A mining permit fee of $700.00 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 Operator 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 Reclaimation Plan dated April 14, 2011 (Exhibit B, 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. G. All gravel trucks shall enter and exit the mining area from County State Aid Highway 42 (CSAH 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 Operator's responsibility to obtain easements 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 or the Minnesota Department of Transportation if applicable or if any changes occur relative to the mining process. H. A gate must be placed at the driveway entrance that shall be secured after hours. A plan for dust control shall be submitted to and subject to approval by the City. The Operator shall clean dirt and debris from extraction or hauling operations related to the Mineral 2011 Mining Permit SKB Environmental, Inc../Ped Kuznia Page 1 of 6 Extraction Permit from streets. After the Operator has received 24 -hour verbal notice, the City may complete or contract to complete the clean -up at the Operator's expense. J. 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. K. No topsoil shall be removed from the site and the Operator shall take necessary measures to prevent erosion of the stockpiled topsoil. The location of the stockpiled topsoil shall be indicated on Exhibit A, the Phasing Plan. L. 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 Operator. M. All costs of processing the permit, including but not limited to planning fees, engineering fees and legal fees, shall be paid by the operator prior to the issuance of the permit. That the Operator shall reimburse the City for the cost of periodic inspections by the City Public Works Director or any other City employee for the purpose of insuring that conditions of the permit are being satisfied. That the Operator agrees to reimburse the City for any other costs incurred as a result of the granting or enforcing of the permit. N. The daily hours of operation for the mining area shall be limited to 7:00 a.m. to 7:00 p.m., subject, however, to being changed by the City Council. O. The Operator shall deposit with the Engineering Department a surety bond or cash escrow in the amount of Seven Thousand Five Hundred Dollars per acre ($7,5000.00 /acre) of active 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 Operator. 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 Operator 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 Public Works Director or any other City officials. 4) Conditioned that the Operator 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 Operator. 5) The surety bond or cash escrow shall remain in effect from May 18, 2011 until July 31, 2012. 2011 Mining Permit SKB Environmental, Inc../Ped Kuznia Page 2 of 6 P. 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. Q. The Operator 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 and no /100 ($1,000,000.00) 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 May 18, 2011 until July 31, 2012. R. Processing and crushing of materials are permitted on the site in accordance with the Sand and Gravel Mining Plan and Backfill Plan dated March 2011. No additional processing or production of materials may occur on the site and construction of any ponding areas or wash plants shall require additional City Council approval and notification of adjacent property owners, except as approved by the Dakota County Environmental Health Department as incidental to a sand and gravel mining operation. Any such activities will be enclosed with cyclone fencing, or as approved by City staff, and the fencing shall be properly maintained. S. The Operator and the Owner shall hold the City harmless from all claims or causes of action that may result from the granting of the permit. The Operator and the 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. T. The Operator 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. U. 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 buy the City. V. The Operator 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. W. The Operator shall receive all applicable permits and follow all appropriate regulations of all federal, state, or county agencies. X. The Reclaimation Plan (Exhibit B) 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) except there shall be no greater than an eight (8) percent slope from the eastern property line of 2011 Mining Permit SKB Environmental, Inc../Ped Kuznia Page 3 of 6 the Kuznia property to the existing grade of the site to insure proper conditions for any future roads. Y. 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. Z. The fill area regrading and reclamation shall follow the procedures described in the Sand and Gravel Backfill Protocol dated 2011 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. AA. 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 Sand and Gravel Backfill Protocol dated March 2011. In no instance shall mining occur in the groundwater aquifer. BB. 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. CC. Blasting or the use of explosives is prohibited in the mining of the SKB Environmental, Inc. operation. 2011 Mining Permit SKB Environmental, Inc../Ped Kuznia Page 4 of 6 Otto A. Ped and Grace Kuznia, Minnesota residents and owners of the properties for which this permit is issued, hereby consent and agree to the issuance of a mineral extraction permit for said properties and to the imposition of the foregoing conditions. Owners further agree and consent to entry onto said properties by the City, its officers, agents, contractors and employees and by the surety of the bond issued in accordance with paragraph 0, its officers, agents, contractors and employees to take any action deemed necessary by the City to enforce and assure compliance with the conditions of this permit and law. Owners further agree that they will not bring any claims or legal actions against the City, its officers, agents, contractors or employees for damages arising out of issuance of this permit or administration or enforcement by the City of the conditions of this permit or of law. The foregoing agreements of Owners shall run with the land of said properties and shall bind the Owners, their heirs, successors and assigns. STATE OF MINNESOTA SS COUNTY OF STATE OF MINNESOTA COUNTY OF SS By: Otto A. Ped By: Grace Kuznia The foregoing instrument was acknowledged before me this day of 2011 by Otto A. Ped, Minnesota resident and property owner. Notary Public The foregoing instrument was acknowledged before me this day of 2011 by Grace Kuznia, Minnesota resident and property owner. Notary Public 2011 Mining Permit SKB Environmental, Inc../Ped Kuznia Page 5 of 6 That of SKB Environmental, Inc., the operator, hereby consents and agrees to the foregoing conditions of said mining permit. STATE OF MINNESOTA SS COUNTY OF SKB Environmental, Inc. By: Its: The foregoing instrument was acknowledged before me this day of 2011 by of SKB Environmental, Inc., the operator. Notary Public 2011 Mining Permit SKB Environmental, Inc../Ped Kuznia Page 6 of 6 EXCERPT OF DRAFT MINUTES PLANNING COMMISSION REGULAR MEETING APRIL 26, 2011 d. Request by SKB Environmental, Inc. for a Mineral Extraction Permit to Conduct Sand and Gravel Mining for Off site Locations (11 08 ME). SKB Environmental, Inc. has submitted an application for a mineral extraction permit to conduct sand and gravel mining on property owned by Otto Ped and Grace Kuznia. The property last received a Mineral Extraction Permit in 2008 with Solberg Aggregate Company as the operator. In 2010, Solberg Aggregate performed some grading and seeding for interim reclamation before Solberg moved to operate the Stonex /Vesterra mine on Bonaire Path. SKB Environmental requests a modification to the permit to allow mining down to the 840 foot elevation and backfilling with material from construction projects of its sister company, Carl Bolander and Sons. This modification is similar to the backfill permits for Danner and Shafer's operations. Commissioner Miller asked if there were seasonal fluctuations in the groundwater and what the method of quality control is for the backfill. Senior Planner Zweber responded that the groundwater may peak a small amount during rainfall but they have not had any evidence of it rising on other occasions. With respect to the backfill quality control, Mr. Zweber responded that the applicant has submitted a protocol which was attached to the staff report. To further explain the process, Mr. Zweber stated that the material is tested before it leaves the site to come to the SKB site. Staff receives and reviews a report twice a year that shows the environmental testing and to date, the process has worked well. Commissioner Powell asked if the term in the permit should be 2012 or 2011, what the hours of operation will be, and if the minimum depth of topsoil should be 2 inches or 3. Mr. Zweber responded that the term of the permit in Item D should be December 31, 2011, but the insurance bond should be six months longer in case there are corrections that need to be done during the summer months. He stated he would let the applicant answer the question on the hours of operation and that the 2 inches of topsoil is what the City ordinance requires but if the applicant wants to install more than that, it is encouraged but not required. Commissioner Demuth asked if the referenced final elevation of 862 feet on Page 2 of the staff report was correct. Mr. Zweber stated that the 880 elevation is towards the top of the ridge while the 862 is a contour towards the bottom of the berm. The applicant, Richard O'Gara, president of SKB Environmental, approached the Commission and stated that SKB's landfill is directly north of the Ped Kuznia property. He stated they have monitoring wells surrounding the property they use to test the water quality and every three months they test the level of the groundwater. Mr. O'Gara stated they've seen the groundwater level go down more than rise and there is a 30 foot separation between their operation and where they have located the groundwater. Mr. O'Gara stated their hours of operation are from 7:00a.m. to 7:OOp.m., and typically on Saturdays during the summer months. He stated they do not usually work on Sundays and very seldom work until 7:OOp.m. but would like the approval to do so. With respect to the top soil question, Mr. O'Gara stated that the three inches referred to in the protocol is similar to other applicants. Commissioner Demuth inquired about the clean fill for the site and what type projects SKB will have. Mr. O'Gara responded that they will have projects that have excess soil and will bring that soil onto the Ped- Kuznia property to remediate the levels on that site. Commissioner Demuth asked if the soil could be used at the landfill. Mr. O'Gara replied that SKB has plenty of cover that is minimally contaminated which can be used in the landfill because of the liners. Mr. Zweber gave an additional explanation of SKB's interim use permit having to do with cover for their landfill. Commissioner Miller asked if there will be liner at the reclamation site and Mr. O'Gara replied no. Commissioner Miller then asked if SKB they plan on implementing a QAQC plan. Mr. O'Gara replied that typically, SKB completes a sample testing every 3000 cubic yards and the testing is completed at the construction site before the soil leaves for Rosemount. Mr. Zweber added that staff included a QAQC requirement within the permit but it will submitted from the testing company within their testing reports and it varies depending on what construction project the clean fill is coming from. Commissioner Miller stated he wants to make sure there is a QAQC process in place particularly when there is soil coming to a site with no liner. Mr. O'Gara explained the process that SKB goes through with developers and the independent testing companies the developers have hired to insure that the soil is clean before it comes to Rosemount. Mr. O'Gara stated that SKB's construction workers are also trained to identify contaminated soils. Commissioner Demuth clarified for the applicant the difference between County and State requirements with respect to using contaminated soils for backfill stressing that Dakota County has higher standards than the state. Mr. O'Gara insured the Commission that SKB will be abiding by all standards. The public hearing was opened at 8:04p.m. There were no public comments. MOTION by Ege to close the public hearing. Second by Kolodziejski. Ayes: 7. Nays: None. Motion approved. The public hearing was closed at 8:04p.m. Commissioner Irving asked about the reason for different governmental bodies mentioned in the IUP as having requirements to follow. Mr. Zweber explained that while City staff has a good understanding of mining in Rosemount, anyone wanting to mine in Minnesota needs to follow the federal and state rules and even though the referenced agencies may be regulating the same thing, the applicant is required to obtain all other permits. Commissioner Powell stated that similar requirements for best management practices are included in Item V of the mineral permit that are regulated by the MPCA and the US Environmental Protection Agenda coincide with the standards that the City has asked that the applicant has to follow. MOTION by Powell to recommend the City Council approve the SKB Environmental, Inc. Mineral Extraction Permit for 2011 and modify the Mineral Extraction Permit to allow the mining to the 840 foot elevation, subject to: 1 Conformance with the attached 2011 Conditions for Mineral Extraction, including the submission of an updated Surety Bond in the amount outlined in the attached 2011 Conditions for Mineral Extraction. 2 Mining shall be limited to no deeper than the elevation of 840 foot mean sea level. In no instance shall any mining occur within the groundwater aquifer. 3 Blasting or the use of explosives is prohibited in the mining of the SKB Environmental, Inc. gravel pit. 4 Submit bi- annual reports to the City containing information about the quantities of material brought in, where the material came from, and the test results of the material. 5 Conformance with Sand and Gravel Backfill Protocol, 145 Street Sand Pit Ped Property. Second by DiNella. Ayes: 7. Nays: None. Motion carried. Mr. Zweber stated that this item is scheduled to go before the City Council on May 17, 2011. E r /i n w__!',M r k- '1111---i---, i� �t �e� /Q/d0 M I W1 01 MI11111w 1l it b ii U iii t U1 U 4 1 8 Sand and Gravel Mining Plan and Backfill Plan 145 Street Sand Pit Ped Property Submitted To: City of Rosemount Prepared By: 4 E/YV!HONNEJYTAL SKB Environmental, Inc. St. Paul, MN March 2011 By 11 .,fir- m____. MAR 29 `i.311 1 Introcluctiotl SKB Environmental, Inc. (SKB) has entered into an agreement with Otto Ped and Grace Kuznia to operate a sand and gravel mining operation on two parcels of land on 145 Street in Rosemount, Minnesota. On -site sand and gravel resources will be excavated and otherwise prepared for off -site uses. This may include, but is not limited to: stockpiling, screening, crushing, and loading trucks. SKB is proposing to mine and prepare sand and gravel from this site for use off -site. This report has been prepared as a submittal to the City of Rosemount in order to receive all necessary approvals and licenses to operate the site. In addition, this report along with the stormwater pollution prevention plan (SWPPP) will serve as an operation manual for the site. The mining operation shall be done in accordance with this mining plan and all site licenses and permits. The site will also be reclaimed in accordance with this mining plan. In order to reclaim the site, off-site back fill will need to be brought to the site, placed, compacted, and seeded. This plan will cover all aspects of this operation. 2 Location and Access The mailing address for the Ped property (Dakota County Parcel ID of 340290001150) is: 4992 145 Street East Rosemount, MN 55068 The Kuznia property (Dakota County Parcel ID of 340290001250) does not have a mailing address listed in the Dakota County GIS database. SKB will be mining sand and gravel from the south portion of the two properties. There is an existing access road on the property boundary between the Ped property and the neighboring property to the west owned by Danner Family Limited Partnership (Danner). This access is also used by Danner to access the sand and gravel mining operation at the south portion of their property and has been used in the past by others mining sand from the Ped property. SKB is proposing to utilize and maintain this access to the sand and gravel operations on the Ped and Kuznia properties. SKB will maintain a locking gate, which will remain locked during non operating hours, on this access road and will take all necessary actions to control dust coming from trucks using this access road. In addition, SKB will ensure that the road remains passable to all truck traffic accessing the site. 3 Mining Plan The limits of the mining operation can be seen on the attached final contour drawing of the site. The final contour drawing will be revised at a later date and as needed for City of Rosemount's approval as part of SKB's annual licensing. The changes will not alter the general drainage pattern of the attached final contour drawing. SKB is proposing to mine down to a depth of 840 mean sea level (MSL) within the limits of the mining operation boundary. This depth is consistent with the Danner mining operation at the property directly to the west of the Ped Property. Mining to this depth is also supported by the attached copy of plate 5 of the Dakota County Geologic Atlas. Plate 5 shows the quaternary aquifers in Dakota County and the water table elevations. This map indicates that the water table in the area of the sand pit would be between 775 and 800 above MSL. The map is in general agreement with the water table elevations of the SKB Rosemount landfill, which was last measured at 815 in the southwest corner and the atlas map would indicate this area would be between 800 and 825 feet above MSL. SKB will survey the site on an annually. SKB will submit a copy of the survey results to the City of Rosemount each year with the appropriate biannual report to the city. In order to reclaim the site back to the final contour grades displayed on the attached drawing,.SKB will need to import backfill material. The following section outlines the backfilling protocol that will be used at this site. 4 Backfill Protocol SKB will have fill material delivered to the 145 Street Sand Pit to reclaim the site to the approved final contours. The fill material will be sampled, tested, reviewed and approved priorto delivering the fill material to the site. SKB will follow the similar sampling, testing and approval process that the other sand pits in the City of Rosemount. This includes sampling and testing the material priorto its delivery to the 145 Street Sand Pit. All supporting documentation (i.e. sampling results) will be submitted to the City of Rosemount in SKB's annual report to the city. Once approved fill material is delivered to the site, the fill material will be stockpiled until an area is ready to be reclaimed (Le. finished mining down to the 840 feet above MSL). Stockpiling of the fill material will follow all the requirements of the site SWPPP. SKB will place the backfill material in the area ready to be reclaimed and compact the backfill material. The backfill material will be placed in lifts and compacted to a density that is 90% of standard proctor. SKB will have the compacted backfill material tested for its moisture content and density to ensure that the 90% of the standard proctor has been achieved. These test results will be included in the annual report to the City of Rosemount. 5 Final Reclamation Topsoil that has been stripped from site and stockpiled will be regraded across the site. The topsoil will be placed to a depth of at least three (3) inches. SKB will establish vegetation on the site by planting a standard seed mix of grasses. 6 Reports SKB will provide the City of Rosemount with biannual reports that cover the operations taking place at the site for the previous six months. These reports shall include: Current phase being mined. Amount of aggregate removed from the site. Summary of all backfill material brought in to the site, including laboratory tests. Compaction tests for the placed backfill material. Summary of any problems and remedies that have been implemented to solve any problems identified in previous reports. Sand and Gravel Backfill Protocol 145 Street Sand Pit Ped Property Submitted To: City of Rosemount Prepared By: !SRO EIYVIRO YMENTAL SKB Environmental, Inc. St. Paul, MN March 2011 MAR 2 9 2011 By 1 Introduction SKB Environmental, Inc. (SKB) is proposing to mine aggregate material from two parcels of land on 145 Street in the City of Rosemount, Minnesota. In a separate report, SKB has submitted plans for mining operations, which include the extents of its proposed mining operation. These plans call for the mining of aggregate below the proposed final reclamation contours. In order to reclaim the site as proposed, SKB has prepared this backfill protocol outlining the procedure SKB intends to follow to reclaim the site to the final contours shown in its mining operations report. 2 Backfill Material Requirements SKB will accept select backfill materials from a variety of sources in order to reclaim the site. In order to be accepted as select backfill material at the 145 Street Sand Pit (Site), SKB will ensure that the material meets the following criteria. 1. Free of debris or refuse, and other deleterious materials (i.e. tree stumps, or other vegetation), 2. Screened for a standard list of contaminates and shall be analyzed for the concentration of pollutants or otherwise hazardous constituents, 3. Have typical soil moisture density relationship for compactable soils, 4. Black dirt (i.e. topsoil) may also be accepted to supplement on -site topsoil used for site reclamation, 5. Material does not contain boulders over 10 inches in diameter, 3 Backfill Procedure SKB will require sampling and testing of all backfill material prior to delivery of the material to the Site. Once delivered to the site, the backfill material may be stockpiled until an area is ready to be reclaimed. The backfill material will be placed and compacted in lifts. The moisture and density of each lift will be taken by an independent contractor that is will perform QA /QC for the backfilling procedure. 4 Quality Assurance /Quality Control Backfilling Requirements Area Preparation 1. The area shall be graded such that there is not any standing water in the location where select backfill material is to be placed, and 2. Select backfill material shall not be placed on muddy or frozen soils. Soil Preparation 1. The select backfill material shall be conditioned (either wetted or dried) to be near its optimum moisture content as determined by the soil moisture /density curve. 2. Frozen soil shall not be compacted. Compaction 1. Select backfill materials shall be placed in loose lifts that do not exceed one foot in thickness. 2. Select backfill materials shall be compacted using equipment meant for compaction of soil. 3. The select backfill materials shall be compacted to 90% of the standard proctor density as determined by laboratory testing. If any lift does' not meet this requirement, the area shall be reworked until the minimum density is achieved. Field QA /QC 1. An soil moisture /density measurement will be taken at the frequency of 1 /acre /lift 2. All soil moisture /density measurements will be taken by an independent testing firm hired by SKB. 3. The backfilled area shall be surveyed during SKB's regular site surveying. This information will be used to determine if the area has been backfilled to the correct elevation. 5 Reporting SKB will provide all information related to select backfill material accepted for use and the outcomes of all backfilling that has been completed in its biannual report to the City of Rosemount. As outlined in the operations plan, the report shall include a copy of any problems with the backfilling and any remedies implemented to solve problems identified in previous reports. 4(4 0 1 4 te.:W ta.4