HomeMy WebLinkAbout6.f. Request by Vesterra, LLC and Stonex, LLC to ewnew their Mineral Extraction Permit through 2011, 10-24-ME14ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting Date: November 16, 2010
AGENDA ITEM: 10 -24 -ME Request by Vesterra, LLC and
AGENDA SECTION:
Stonex, LLC. to renew their Mineral
Consent
Extraction Permit through 2011
Primarily Solberg Aggregates (Total Construction) but possibly
PREPARED BY: Eric Zweber, Senior Planner
AGENDA NO.
Location:
r .
ATTACHMENTS: Location Map; Excerpt from the draft
APPROVED BY:
October 26 Planning Commission Minutes;
Vesterra — 75 Acres, the north half along 135`h Street East.
Mineral Extraction Permit; Present
Stonex — 80 Acres, the south half.
Conditions and 2011 Mine Plan;
LI, Light Industrial
Applicant's Narrative; Stonex, LLC and
AG, Agriculture
Vesterra, LLC Reclamation Protocol
Renewal of the mineral extraction permit for 2011
Rosemount, MN
Between 40,000 and 50,000 tons
RECOMMENDED ACTION: Motion to approve the renewal of the Vesterra, LLC and
Stonex, LLC Mineral Extraction Permit for 2011.
SUMMARY
Applicant:
Jonathan Wilmshurst of Vesterra, LLC and Stonex, LLC
Property Owner:
Flint Hills Resources
Operator:
Primarily Solberg Aggregates (Total Construction) but possibly
others
Location:
South of Bonaire Path (County Road 38) extending' /z mile to
southern boundary, 'Amile west of Blaine Ave.
Area in acres:
Vesterra — 75 Acres, the north half along 135`h Street East.
Stonex — 80 Acres, the south half.
Comp Plan Designation:
LI, Light Industrial
Current zoning:
AG, Agriculture
Nature of request:
Renewal of the mineral extraction permit for 2011
Material removed in 2010:
Between 40,000 and 50,000 tons
The applicant, Jonathan Wilmshurst of Vesterra LLC /Stonex LLC, requests renewal of the Vesterra
and Stone: mineral extraction permit for 2011. The subject properties are located south of Bonaire
Path, 1/4 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 Flint Hills and
Vesterra, LLC /Stonex, LLC are parties to the permit, the responsibility for securities and
compliance with the conditions remains with Vesterra and Stonex as the property lessee. The only
substantive modification is a request to bring back recycled material to the site to mix with mined
gravel. This is similar to two gravel mines in the city and supported by Staff so long as the applicant
agrees to a similar reclamation protocol.
OCTOBER 26 PLANNING COMMISSION MEETING
The Planning Commission conducted a public hearing for the Mineral Extraction Permit during their
meeting on August 24, 2010. Jim Bauers, a partner in Stonex and Vesterra, approached the Planning
Commission and stated that they were supportive of the Reclamation Protocol because they want to
have usable and clean land once the mining operation has concluded. No residents spoke during the
public hearing.
The Planning Commission discussed if the Reclamation Protocol should be limited to specific projects
as the Shafer and Danner protocols or if a specific testing agency should be used. Planning
Commissioner Powell stated that Total Construction, Vesterra's sub - contractor, bids on different and
more diverse projects than Shafer and Danner do and therefore their haul -back should not be limited
to any specific projects. Staff stated that they will monitor what testing contractor Vesterra uses.
The Planning Commission recommended approval of the Mineral Extraction Permit with conditions
recommended by staff.
BACKGROUND
This mineral extraction permit was last amended in June of 2009. The amendment revised the
Phasing and End Use plans to allow mining in fifteen (15) acres on the east end of the property not
included under the original permit. The most notable change to the permit was a new five (5) acre
and twenty (20) feet deep storm water pond in the northeastern corner of the site. Under the
proposed 2011 plan, there is no interest in mining on the fifteen (15) acres on the east end of the
property. Rather, the applicant plans to proceed under the attached phasing plan that focuses
activity in the eastern half of the site.
According to the applicant, activity in the pit in 2010 was similar to the activity that occurred in
2009. While the gravel industry is impacted by the economy and construction slow down, Mr.
Wilmshurst reports that between 40,000 and 50,000 tons of materials were removed from the pit in
2010. The applicant credits this to securing Solberg Aggregate (Total Construction) as a long term
tenant as well as an expansion project at the landfill. The applicant hopes to continue marketing the
site in 2011.
The applicant anticipates some recycling of concrete and asphalt material and importation of clean
fill for reclamation. There are two gravel mines in Rosemount that are permitted to bring in clean
fill as haul -back material, Shafer and Danner. Shafer is allowed to bring in clean haul -back material
from only Minnesota Department of Transportation (MnDOT) projects while Danner is allowed
bring in clean haul -back material from public projects. Both firms have submitted protocol plans
that describe the type of material brought in, how it will be compacted and deposited, and what are
the testing methods to insure that it is truly clean fill. The protocol includes a bi- annual report that
describes the haul -back that has been performed and the testing results. The recommended
approval includes a condition to prepare and submit a protocol plan similar to Danner's. If the
Planning Commission does not want this haul -back provision, please make that clear in any motion
for recommended approval.
✓.
The applicant has a farming tenant operating on a portion of the subject property outside the active
mining area.
ISSUE ANALYSIS
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 use
includes associated residential uses.
Surroundi Land Use and Zoning Information
Direction
Current Land Use
Guided Land Use
Zoning
North
ARficulture
Agriculture
Agriculture
South
Agriculture
Medium Density Residential (west
half)
Business Park east hal
Agriculture
East
ARficulture
Light Industrial
Agriculture
West
ARriculture
Urban Residential
Agriculture
Currently, access to both properties comes through a gate at the northeast corner of the Vesterra
property along Bonaire Path. As the activity on the Stonex property progresses, the applicant plans
to shift access to the pit to County Road 71 across an 80 acre parcel owned by Flint Hills Resources.
Mr. Wilmshurst does not anticipate a change in access during 2011. Should conditions warrant a
change in access, the applicant will come back to the City to amend the permit.
The Police Department has stated that there have been no complaints reported for the mine in
2010.
RECOMMENDATION
Staff recommends renewal of the Vesterra and Stonex Mineral Extraction Pernzit 2011. This request
is subject to the conditions outlined in the attached permit as well as the mineral extraction permits
standards outlined in Section 12.4 of the Zoning Ordinance. Upon review of these standards, police
records, and the information submitted by the applicant, staff recommends renewal of this permit.
3
Vesterra and Stone
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EXCERPT FROM DRAFT MINUTES
PLANNING':; COMMISSION REGULAR MEETING
OCTOBEV 26, 2010
5.a. Requcst by Vesterra, LLC and Stonex, LLC. to renew their Mineral Extraction Permit through
2011 (10- 14 -ME). Senior Planner Zweber reviewed the staff report and stated that the applicant,
Jonathan Wilmshurst of Vesterra LLC /Stonex LLC, requests renewal of the Vesterra and Stonex
mineral extraction permit for 2011. 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 Flint Hills and Vesterra,
LLC /Stonex, LLC are parties to the permit, the responsibility for securities and compliance with the
conditions remains with Vesterra and Stonex as the property lessee. Mr. Zweber reviewed the
background and conditions of renewal.
Applicant, Jim Bauers, partner of Vesterra and Stonex, approached the Commission and stated they
would be willing to include the haul -back provision since they would be required to turn over the site
in clean condition when the project is complete.
The public hearing was opened at 6:37p.m.
There were no public comments.
MOTION by Powell to close the public hearing. Second by Ege.
Ayes: 5. Nays: None. Motion approved. The public hearing was closed at 6:38p.m.
Commissioner Powell asked whether or not the protocol would indicate where materials would be
coming from and also whether or not the City has received any complaints from the operation in the
past.
Mr. Zweber stated the protocol from Danner is the most recent one that came in at the time. Mr.
Wilmshurst has not provided Vesterra's protocol yet. Mr. Zweber requested the Commission to
specify whether or not they feel it is necessary to include the haul back language from limited
locations in the protocol. Mr. Zweber also stated that there have been no complaints on the site in
the last two years.
Chairperson Ege asked if it would be a detriment to the City if the haul back language from limited
locations was not included. Mr. Zweber replied that with Danner and their local and State projects
Shafer working mostly on MnDOT or MAC projects, a limited location haul back provision works
well with their businesses. He stated that Vesterra and their sub - contractor Total Construction work
on smaller job sites.
Commissioner Demuth asked if Danner shares their reports with the City. Mr. Zweber replied that
Danner has yet to haul material back but that the City receives reports from Shafer twice a year
including the MnDOT tests on the haul back material. Commissioner Demuth asked if the protocol
specifies which company should do the testing. Mr. Zweber stated that when the City receives the
protocol from Vesterra, staff will be able to review the report to see if they've chosen a company
that meets the expertise.
Commissioner Powell stated he did not feel it necessary to include location specific haul back
language and he felt comfortable with the recommendation as it is currently stated.
MOTION by Commissioner Powell to recommend the City Council approve the renewal of the
Vesterra, LLC and Stonex, LLC Mineral Extraction Permit for 2011, subject to the standards
outlined in Section 12.4 of the Zoning Ordinance and the 2011 Conditions for Mineral Extraction,
including:
1. Submittal of a Vesterra LLC /Stonex LLC Reclamation Protocol similar to the Danner Inc.
Borrow Pit Reclamation Protocol Rosemount, Inc. including a bi- annual report submitted to
the City.
2. Provision of a surety bond as required under item M of the 2011 Conditions for Mineral
Extraction.
3. Provision of a certificate of comprehensive general liability insurance as required under item
N of the 2011 Conditions for Mineral Extraction.
Second by Irving.
Ayes: 5. Nays: None. Motion approved.
Mr. Zweber stated that provided staff receives the protocol from Vesterra beforehand, this item will
go before the City Council at the November 16, 2010, meeting.
Mineral Extraction Permit
2011 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, 2011
until December 31, 2011 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
2011 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 County Road 38,
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 his 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., subject, however, 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:
2011 Mining Permit
Vesterra, LLC / Stonex, LLC
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(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, 2011
until July 31, 2012.
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
and no /100 ($1,000,000.00) 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, 2011 until December 31, 2011.
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.
2011 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 Property Lessee must have a copy of the Dakota County Soil and Water
Conservation District mining application completed and on file with the City of
Rosemount Planning Department prior to the issuance of the Mineral Extraction
Permit.
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 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.
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 O, V and FF; and topsoil imported
for the purpose of re- establishing turf as accepted by the City.
2011 Mining Permit
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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.
AA. The Property Lessee shall comply with directions from the City Engineer.
1313. 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 regrading and reclamation shall follow the procedures described in the Stonex
LLC and Vesterra LLC Reclamation Protocol Rosemount, Minnesota. Reports shall be
submitted to the City by August 1, 2011 and February 1, 2012 describing the fill importation
from January 1 through June 30, 2011 and July 1 through December 31, 2011 respectively. The
bi- annual reports submitted shall describe the quantities of material brought in, where the
material came from, and the test result of the material.
2011 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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Vesterra, LLC and Stonex, LLC
Annual Mining Permit Renewal Request for 2010
September, 2010
Activity at the pit has been similar to 2009 with approximately 40- 50,000 tons removed. The most
active lessee has been Solberg who made a long -term commitment in 2009. The market for
construction aggregates remains very slow and does not show much improvement coming for 2011.
Solberg has started to build a regular customer base and expects to see more volume growth in 2011.
They also intend to install an above - ground scale and portable scale house just south of the old
homestead as shown on the attached map.
We have also had some activity from Valley Contracting and Belair Excavating, both of whom were
removing material stockpiled in prior seasons.
Truck traffic from the operation continues to exit onto Belaire Path. In due'course the plan remains to
relocate truck access onto County Rd 71 along the old Kraft farm road. The progression of mining to the
south that would open up this route has been minimal this year.
At this time there is no interest in mining to the east of the berm in the field that was added to the
permit in 2C09 but we will continue to market it.
The 2011 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 just over 13 acres and has not changed since
last year.
Dust control measures will be employed as follows: regular reclamation and planting /seeding of berms
and pit floor will keep exposed soils to a minimum, and roads will be sprayed with water as necessary.
In addition, ':he much lower elevation of the mine floor relative to the land to the west will protect it
from the prevailing westerly winds that tend to pick up dust.
Vesterra/Stcnex 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
trai I.
8. Imported fill will not in any case be placed thicker than 45 feet.
Ouality 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
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.
STONEVVESTERRA 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 final surface
will be graded so as not to allow standing water to accumulate, unless by design.
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