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5.2. PCSR 06-08-2010REQUEST FOR ACTION To Item Number Plannin Commission 5.2 Agenda Section Meeting Date Prepared by Plannin Items June 8, 2010 Rebecca Ha ,Environmental Admire Item Description Reviewed by Request by Schuer, Inc. for a Conditional Use Permit amendment to allow washing/processing operations, Case No. Reviewed by CU 10-12 Action Requested Staff supports a Planning Commission recommendation of approval of the Conditional Use Permit request, with the following conditions: 1. No stockpiling of wash pond sediment be allowed unless an approved dust control plan is in place. 2. No other water sources be allowed to supplement the supply pond unless approved by the City. 3. Provide the City with copies of all storm water and related permit compliance documents, for example any SWI'PP document, or SPCC Plan. 4. Provide annual sampling of intake water for total dissolved solids. 5. Provide a spill response plan if an SPCC is not in place to address the release of any petroleum products in to either pond. Background/Discussion The applicant is requesting a conditional use permit amendment approval to place a portable wash plant at their approved site. The water would be pumped out of an existing pond and then piped into a sedimentation pond. There will be no net loss of water in this process. A copy of the Department of Natural Resources (DNR) Water Appropriation Permit is also attached. Financial Impact None Attachments . Location Map Applicant's Narrative Department of Natural Resources (DNR) Water Appropriation Permit Proposed Washing Cpperations map Case File: CU 10-12 Page 2 Proposed CUP General Information SchuerInc Applicant Schuer. Inc. 60 Day Rule The application has been deemed complete as of May 6, 2010. The City must take action by June 25, 2010. Requested Action Conditional Use Permit Amendment Approval Location and Size Approximately 150 acres east of ~' 169 and east of 219` Ave Location Existing Use Land Use Plan Designation Current Zoning Subject Mlneral Commercial Reserve CRT (ME) Property Extractlon North Mineral Commercial Reserve CRT (ME) Extraction South Mineral Commercial Reserve CRT (ME) Extraction East Agriculture Rural Residential R1a West Rural Residential Rural Residential R1a Overview The subject property has been used as a gravel operation for a number of years, and has received the appropriate Conditional Use Permit for mineral extraction. Any amendment to a conditional use, unless expressly approved in the original CUP, requires a new CUP. Applicable Regulations Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. 1-Vill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicznity or the public health, safety, morals, comfort, convenience orgeneral avelfare of the neighborhood or the city. 2. mill be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacantproperty. N:\Depaxtments\CommiuutyDevelopment\Planning\Case Files\CUP\CU 10-12 Roger Schmidt\SRto PCdoc Case File: CU 10-12 Page 2 Proposed CLIP General Information SchuerInc Applicant Schuer. Inc. 60 Day Rule The application has been deemed complete as of May 6, 2010. The City must take action by June 25, 2010. Requested Action Conditional Use Permit Amendment Approval Location and Size Approximately 150 acres east of Hwy 169 and east of 219` Ave Location Existing Use Land Use Plan Designation Current Zoning Subject Mineral Commercial Reserve CRT (ME) Property Extraction North Mineral Commercial Reserve CRT (ME) Extraction South Mineral Commercial Reserve CRT (NIE) Extraction East Agriculture Rural Residential R1a West Rural Residential Rural Residential R1a Overview The subject property has been used as a gravel operation for a number of years, and has received the appropriate Conditional Use Permit for mineral extraction. Any amendment to a conditional use, unless expressly approved in the original CIJP, requires a new CUP. Applicable Regulations Conditional Use Permit The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 7. 1~ill not endanger, injure or detrimentally affect the use and enjoyment of other properly in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the city. 2. 1Ylill be consistent with the comprehensive plan. 3. mill not impede the normal and orderly development and improuement of surrounding vacant property. N:\Depattrr~ents\CommunityDevelopment\Planning\Case Files\CCJP\C[J 10-12 Roger Schmidt\SRto PGdoc Case File: CU 10-12 Page 3 SchuerInc 4. Dill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, avater and server systems, parks and schools; and urill not, in particular, create traffic congestion or interference avith traf~ic on adjacent and neighboring public thoroughfares. 5. tiVill not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive tra~c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. Dill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. Weill fully comply avith all other requirements of this Code, including any applicable requirements and standards for the issuance of a license orpermit to establish and operate the proposed use in the city. If denial of such a permit should occur, it shall accompany recommendations or determinations by findings or a report stating how the proposed use does not comply with the standards set forth in Section 30-654. In the review of the standards for CCJP as outlined, it appears that the request is consistent with all of these standards. Analysis The operation of a wash plant will be consistent with the existing operations at the site. The applicant received approval to mine into the water table in 2004 and the operation will utilize the water from the areas that have been excavated below the water table. Washing is expected to be seasonal and intermittent depending on market demand. The applicant is required to meet noise level requirements set bythe Environmental Protection Agency (EPA) and will reduce the effects of noise generated from the operation during their permitted hours. The site currently operates under a MICA Air Quality and Stormwater Permit. Recommendation Staff supports a recommendation of approval, subject to the conditions outlined above. Action Motion by Second by Vote Follow Up N:\Departments\ComrrnmityDevelopment\Planni a\Case Files\C(JP\CU 1C-12 Roger Schmidt\SRto PGdoc Wd bbZE 6 OiOZ/b/S '6nnp'deW uo!~e~o~\lp!wy~g ~a6ob ZT-OT fly\dfl7\sa~ij ase'\6uiuue~d\~uawdo~anaa ~(~iunwwo~\:g ~~'z~ 1( ~ ~~ - Bf~ Project Narrative Applicant has a Conditional Use Permit to mine aggregate and related products on tax parcel ID# 75-110-1100, 75-111-2201 and 75-110-1105 Applicant requests amendment of it's Land Use to utilize a wash plant on tax parcel # 75-111-2202 at the location noted on attached diagram. The CUP and mining permit for this property allow mining below the water table. Mining by prior owner created a pond that will be source of water for wash plant. Description/ Scope: Water will be drawn from existing pond, used in wash plant to remove and clean excess rock from aggregate, and then piped into sedimentation pond to remove silt and sand. Clean water will then be returned to pond. Sediment pond will periodically be cleaned with sediment mixed and sold as a part of other products. There is not net loss of water in this process other than a small amount from evaporation Hours of Operation: Hours will be various and as needed. All operation will be within the permitted hours under applicant's existing CUP. Number of Employees: C?ne or two employees will operate wash plant. Additional Parking: None Screening: None. Plant location is far away from any residence or roads. Building Materials: None. Wash plant is portable Signage: None Outdoor Storage: Piles of rock and aggregate normally incident to mining Environmental Applicant has been in contact with Roger Stradal of Minnesota Department of Natural Resources. DNR States that there are no sensitive environmental concerns and only requirement is that applicant obtain aNon-Irrigation Water Appropriation Permit when water usage exceeds 10,000 gallons/ day or 1,000,000 gallons per year. Applicant as filed application for permit. Applicant believes it has met all other conditions under existing CUP as far as trees, site landscape plan, utility plan, grading, drainage and wetland delineation. Minnesota Department of Natural Resources DNR Waters 940 Industriai Drive S., Suite 103, Sauk Rapids, MN 56379 320/255-2976 ext.233 June 3, 2010 Roger P. Schmidt Elk River Aggregate, LLG 1.0107 105t~' Street NW Annandale, MN 55302 Dear Mr. Schmidt: RE: DNR Waters Appropriation Permit 2010-0566, Gravel Pit, Sherbume County _ __ Enclosed is Permit 2010-0566 authorizing appropriation of water from a dug gravel pit for sand and gravel washing and dust control located in Section 11, Township 33N, Range 26W. Please read all permit conditions and limitations. As a condition of this permit you are required to record monthly and total volume of water appropriated annually. A Water Use Report will be sent to you each January €or reporting the amounts for the previous year. The report must be submitted with a processing fee by February 15 each year. The report and fee must be submitted as long as the permit is active, even if no water is used. Failure to submit the Water Use Report and fee can result in the termination of your permit. Please do not send the report and fee until notified. If you have any questions, please contact me at the above referenced phone number or email at Roger. Stradal@state. mn.us Sincerely, ~~- Roger Stradal Area Hydrologist cc: Dale Homu#h, Regional Hydrologist Sherburne County SWCD Fred Bengtson, DNR Wildlife Central Ofhce SWUDS Rebecca Haug, City of Elk River, Environments! Division DNR Information: 651-296-6157 • 1-888-646-6367 TTY: 651-296-5484 1-800-657-3929 An Equal Opportunity Employer ®y Printed on Recycled Paper Containing a Who Values Diversity ~~a Minimum of 10% Post-Consumer Waste Minnesota Non-Irrigation -Surface Water WATER APPROPRIATION PERMIT NUMBER PERMIT 2010-Q566 COUNTY DEFART61EhROF Sherburne /71 NATURALfiESDURCES .,nrie-.n, ern nooor~nernrr~r.r nc tnrnTdoe ne Tue eTeTC DCRMICC1nN LS HFRFRY f~',RANTFn Tr?' - - nv ,~,~.rwi, ,,..,..,, ,,,~.,,~ ~ ,-,....~~..~., .~._... ~.~. .... ..._.. _. ... _ PERMITTEE {landowner or lessee) . _. __ _- --._ _.- _.. -- Business Name and/or Authorized Agent Elk River Aggregate, LLC Roger P. Schmidt Mailirig Address - 10147 105th Street NW, Annandale, MN 55302 Phone 320-274-3042 or 320-333-3719 To appropriate from: Gravel Pit: Rate not to exceed 200 gallons per minute. Point of Taking: NE'/ , NW'/ NW'/ Section 11,. Township 33 North, Range 26 West. UTM Zane 15 Eastin :457059 UTM Zone 15 Northin :5024317 Purpose: Gravel pit sand and gravel washing-and dust control purposes on a seasonal basis. Use Code 244 & 279 Sand and ravel washin & Dust control Property owned {point of taking and project area}: NW'/ NW'/, Section 11, Township 33 North, Range 26 West. PED#: 75-111-2201 Elk River Township .Mississippi River (St. Cloud} Watershed {17) Authorized Signature Roger Stradal ~ ~ Title Area Hydrologist Date ~:~~~'_~ ~1~ This permit is granted subject to the fallowing C©NDITIDNS: f. QUANTITY: The Permittee is authorized to appropriate water at a rate not to exceed 2aa gallons per minute. The total amount of water appropriated shall not exceed NA acre-feet or 15 million gallons per year. 2. LIMITATIONS: = {a} Any violation of the temas and provisions of this permit and any appropriat+on of the waters of the state, in excess of that authorized hereon shall constitute a violation of Minnesota Statutes, Chapter 103G. {b) This permit shall not: be construed as establishing any priority of appropriation of waters of the state. {c} This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its employees, on account of the granting hereof or on account of any damage to any person or property resul#ing from any act or omission of the Permittee relating to any matter hereunder. This permit shall no# be construed as estopping or Eimiting any legal claims or right of action of any person other than the state against the Permitter, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the Permittee, for violation of or failure to comply with the provisions of the permit or applicable provisions of taw. {d} In alt cases where the doing by the Permittee of anything authorized by this permit shall involve the taking, using, or damaging of any proper[y,:rights or interests of any other person or persons, or of any publicly awned lands or improvements thereon or interests therein, the Permittee, before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests necessary therefore. {e} This permit shall not release the Perrnittee from any other permit requirements or liability or obligation imposed by Minnesota Statutes, Federal Law, or local ordinances relatlng thereto and shall remain in force subject to aN conditions and limitations now or hereafter imposed by law. {f) Unless explicitly specified, this permit days nofauthorize any alterations of.the beds or banks of any public {protected) waters or wetaands: A separate permit must be obtained from the Department of Natciral Resources prior to anq such alteration. {over, please). ~ ~ ' 3. PERMITTEE'S RESPONSIBILITIES: . {a} FLOW METER. The Permittee shall equip each installation for appropriating or using water with a flow meter: unless another method of measuring the quantity of water.appropriated to within ten {10},percent of actual amount withdrawn is approved by the Department. (b} REPORTS. Monthly records of the' amount of water appropriated or used shall be recorded far each installation. Such readings and the total amount of wafer appropriated or used shalt be reported annually to the Director of DNR Waters, on or before Febniary 9 5 of the following year, upon forms ' supplied by the Division., Any processing fee required by law.or rule shall be submitted with the-records whether or not any waterwas appropriafetf during the year. Failure to report shalt be sufficient cause for terminating the permit 30 days following written notice. {c} TRANSFEROR ASSIGNMENT. Any #ransfer or assignment of rights, or. sale of property involved hereunder shall be reported within 90.days 4hereafter to the Direckor of DNR Waters- Such notice shelf tie made by the transferee (f.e., new owner} and shall state the intention to continue the appropriation as stated in the permit. This permit shall not be trans#erred or assigned except with the written consent of the Commissioner. {d} fJ10DIFICATION. The Permittee must nofify the Cammissioner in writing of any proposed changes to the existing permit. This permit shall not be modified withou# first obtaining- the written permission from the Commissioner. 4. GOMMlSSIONER'S AUTHORITY: {a} The Commissioner may inspect any installation utilized for the appropriation or use of water. The Permittee sha11 grant access to'the site at all reasonable times and shall supply such information concerning such.instaliation as the Commissioner mayrequire. {b) The Commissioner may; as helshe deems necessary, require the Parmittee to instal! gages and/or obsen~ation wells to monitor the impact. of the Permittee's appropriation on the water resource and require fhe Penmittee to pay necessary costs of iristallation and maintenance. . (c) The Cammissioner may restr(ct, suspend, amend,. or cancel this permi# in accordance with appEicabie laws and rules for any cause for.ihe protection of public interests, ar for viola#fon of the provisions. of this,permiL 5. PUBf_IG RECORD: . All data, facts, plans, maps, applications, annual water use reports, and any additional in#orma6on submitted as part of fhis permit, and this permit itself are part of the public record and are available-far public inspection at the offices of DNR Waters. The informa#ion con#ained therein may be used by the Division as it deems necessary.. "fhe submission of false data, statements, reports, or any such additional information, of any time ' shelf be deerried as just grounds for revoca~on of~in's permit: - --- 6. WETLAND GONSERYATfON ACT: Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations, the permittee shall not initiate any appropriation under this permit until the permittee has obtained .official approval from 4he responsible governmental unit as required by the Minnesota Wetland Conservation Act. 7. tNTERPERENCE: tf notified by the Department tha# well interference 'is suspected and probable from your appropriation; based on confirmation of a forma! well interference complaint, aft appropriation authorized by this permit must cease immediately unBl the interference is resolved. The pemtiittee may be required.to obtain domestic well iriformafion within a radios of one and one half miles of the production welt should well interference problems develop. 8: CONSERVATION: ~ . AfE practicaf'and feasitiie;water conservatior methods and practices must be employed to promate.saurd water management and use the least . amount of water necessary, such as reuse and recycling water, saving devices, and water storage- ' 9. DISCHARGE AUTHORI2ATIQN:. This permiCis valid only in conjunction-with all required discharge authorizations from local, state, or federal government units. 90. SUSPENSION: The Department may require the suspensior of appropriation ituring periods of low water it order to maintain minimum water levels within the basinlwatercourse/watershed. ~ ' 17: BEST MANAGEMENT PRAGTICES: Best management practices for fuel storage, fueling and maintenance of vehicles and equipment must be followed to prevent cortaminants from entering pit. . ec: Dale Homuth,.Regional Hydrologist Sherburne County SWCD Fred Bengtson DNR Wildlife. _ Central"Office SWUDS • ~ ~ Rebecca Haug, City of Etk River, Environmental Division r Version 200909'15 This information is available in an aktemative format upon request CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this day of , 2010, by and between the QTY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (Cityj, and Schuer, Inc., a Minnesota corporation, hereinafter referred to as (Operator); WTTNESSETI L• WHEREAS, Operator has made application to Cityfor approval of a conditional use permit to operate a gravel mining operation within the City on property- legally described as follows: The Northwest Quarter of the Northeast Quarter (NW 1/a of NE i/a), the North Half of the Northeast Quarter of the Northeast Quarter (N lh of NE 1/a of NE 1/a), and the North 200 feet of the South Half of the Northeast Quarter of the Northeast Quarter (N Z00 ft. of S lh of NE 1/4 of NE '/a), all in Section 10, Township 33, Range 26, Sherburne County, Minnesota. (the Property); and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on Operator's request for a conditional use permit, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard on the application; and WHEREAS, the City Council by motion adopted September 20, 2004, approved a conditional use permit for the operation of a gravel mining operation (the Operation) on the Property, subject to certain conditions, including that Operator enter into a conditional use permit agreement with City so as to fully comply with the City's Mineral Excavation, Zoning, and other applicable ordinances; and WHEREAS, the City's Zoning Ordinance requires that a conditional use permit be issued and that a conditional use permit agreement for mineral excavation be entered into. NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) Entire Agreement- Except as otherwise provided herein, this Agreement shall constitute the Conditional Use Permit for the Property and, to be executed by City and Operator, shall govern the parties rights, responsibilities, and obligations with respect to the operation, subject to the compliance by all parties with applicable city ordinances and state and federal laws. 2.) Warrant~T of Operator- Operator hereby warrants and represents to the City, as inducement to the CitS~'s entering into this agreement, that the Operator is the fee owner of the subject property or has a valid lease for the operation and the fee owner of the subject property shall also enter into this agreement. 3.) Conditions- The following general conditions shall apply to the Operation: (01) This Conditional Use Permit authorizes mineral excavation (gravel) from the Property. (02) All mineral excavation and processing operations on the property shall comply with the City's Mineral Excavation, Zoning and other applicable ordinances; with the terms of this Conditional Use Permit agreement and the license agreement to be executed by the City and Operator; with the City of Elk River's Environmental Impact Statement on Mineral Excavation; and with the application materials and plans submitted by the Operator, which plans and materials are the basis for the Cit<Ts approval of the Conditional Use Pem~it. (03) The Operator shall orally notify the City of any violations of this permit within 24 hours and follow this with notification in writing within four (4) working days of the violation. The Operator shall notify the City annually in writing of the total area and amount of material mined and projected estimates of area and amount of material to be mined in the following year. This is to be done at time of license renewal. (04) The license shall be renewed annually and shall run from June 1S` through May 31S`. The annual license fee is that which is specified by the Elk River City Council at time of renewal. This license fee is not in lieu of gravel tax collected by the County, a portion of which the City receives. (05) Violations of this Conditional Use Permit may result in suspension or revocation. (06) The City Environmental Administrator and/or his/her agents shall be permitted to inspect the Operation for compliance with the conditions of this permit during normal hours of operation. (07) The City's approval of this Conditional Use Permit is subject to the approval of appropriate permits by other governmental agencies. (08) No explosives shall be allowed for this operation. (09) Reclamation a. Reclamation shall be implemented on an annual basis pursuant to the reclamation plans submitted bythe Operator. b. Each year a plan for that ~~ear's reclamation shall be approved by the Environmental Administrator prior to issuance of the mineral excavation license. c. Upland reclamation shall include topsoil from the site being preserved and put back into place after mining and seeded as per the approved plans. The vegetation established for the reclamation must be maintained until it is self-sufficient. d. Wetland restoration shall be in compliance with the approved wetland mitigation plan. The Operator shall provide a letter of credit in favor of the Cityfor wetland restoration in the amount of $13,750. Said letter of credit shall be in place prior to commencing Phase 4 of the Operation. A formal wetland monitoring plan shall be submitted for City approval one year after wetland restoration has been completed on the Property and the J & B Mining site. The wetland letter of credit may be released upon approval of the first year monitoring report, but monitoring shall continue for an additional 2 to 4 years after, as determined by city staff. Contours, finished grades, details of erosion control methods, and settling ponds, shall comply with the plans submitted and the City ordinance at the time of reclamation. Additional measure as determined by city staff maybe required. (10) Traffic a. Material mined as part of this Operation shall be hauled directly to the Elk River Bituminous site via easements, not accessing any public road. Other access from the site to Highway 169 at 219`h Avenue will be eliminated when frontage roads leading to interchanges are developed. b. All portions of drives shared by this Operation and another business or residence shall be a minimum of twenty feet wide and hard surfaced. The Operator shall provide the City with executed copies of all agreements concerning the ability to make improvements to these drives and their maintenance prior to the Operation commencing. c. The sale of product from the Operation shall only take place from the Elk River Bituminous site and then only after receiving authorization from the Minnesota Department of Transportation and completing all required improvements to the access for that site prior to commencing said sales. (11) Dust Control a. A permit from MPCA regarding air emissions shall be obtained when required and particulate emission standards shall be rnet by the Operation. This pern~it and all other correspondence betvaeen the Operator and MPCA shall be copied to the City. b. All equipment shall be located as to reduce dust to adjacent properties. c. A water truck shall be on site at all times when mining activities are taking place to control dust as necessary. Chemicals shall not be use for dust control. d. The City reserves the right to require additional measures to be taken, if warranted by dust problems, including but not limited to reducing stock pile heights. (12) Hours of Operation All mineral excavation, processing, and sales activities shall be conducted between the normal hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday, except the hours may be extended by the Environmental Administrator for special cases. (13) Noise a. As deemed necessary by city staff, noise from screening and crushing associated with this Operation shall be controlled by equipment location on site, the erection of sound barriers, the placement of stockpiles, and the type of equipment used. b. Noise levels associated with this Operation shall at no time exceed State standards. c. The City reserves the right to require additional measures be taken, if warranted by noise. (14) Lim Lighting from the Operation shall be directed away from adjacent residential property. Glare, whether directed or reflected as different from general illumination, shall not be visible beyond the limits of the immediate site. All sources of artificial light shall be so fixed, directed, designed, or sized that the minimum subtotal of their illumination shall not increase the level of the illumination on nearby residential property by more than .1 foot candles in or within twenty-five (25) feet of a dwelling, or more than .5 foot candles on any part of the adjacent property. (15) Debris The piling, storing, or keeping of old machinery, junk, debris, or abandoned motor vehicles, shall be prohibited on this site, arith the exception that reusable parts maybe stored on the mineral excavation site provided that it is in a location that cannot be viewed from adjacent properties or is totally screened. (16} Vibration Mining activities shall not cause excessive vibration off site. If excessive vibration becomes an issue, the City reserves the right to take appropriate measures to alleviate the problem. (17) Groundwater Protection Measures a. The Operator shall file with the City an Environmental Spill Plan and a Storm Water Pollution Prevention Plan. The Operator shall adhere to these plans in the event there is a spill. b. The Operator shall provide the Fire Department with a copy of their flammable or hazardous materials. c. Refueling shall take place only at designated locations. d. All incidences that have the potential to adversely affect groundwater, including but not limited to spills, shall be verbally reported to the City within 24 hours. This verbal notification shall be followed up in writing within four (4} working days. e. The appropriate storm water permits (NPDES) shall be obtained by the Operator from MICA and copied to the City. f. Prior to commencing mining, the monitoring well located at the site shall be monitored for diesel range organics (DRO), pH, temperature and conductivity to establish baseline data. The reference parameters shall be monitored a minimum of once each mining season thereafter. In the event of a spill, the City may require additional testing events, parameters and monitoring wells, as well as the cessation of operations until the spill is deemed clean by the City. g. At a minimum a two-celled system to recycle water from the wash operation shall be utilized. h. Except for minor repairs, maintenance of vehicles and equipment shall take place in the shop at the Elk River Bituminous site.. The Operator shall have an approved hazardous waste license for this facility and properly dispose of all waste. i. Temporary sedimentation ponds, as indicated on the plans submitted, shall be constructed and maintained until deemed to be no longer necessary by City staff . j. The Operator shall provide the City updated groundwater data as it becomes available. k. The proposed wetland restoration plan is based on the premise that the groundwater level incurred is not a perch water table. If information to the contrary is discovered, the Operation shall cease until new mining and restoration plans are submitted and approved by the City. (18) Si~na~e Signage for the operation shall be that which is permitted for an industrial operation in a medium industrial zone, with the exception that billboards are not allowed. (19) Fencin All cut faces with slopes greater than 3 to 1 shall be fenced on the high sides to provide a clear warning of the potential danger until properly sloped. (20) Oakwilt Cutting of trees between April 15 and July 15 is prohibited. The Operator shall take other measures deemed appropriate by the Sherburne County Forester to control oakwilt, such as, but not limited to: debarking or destroying fallen diseased trees prior to April 15, not leaving roots exposed and avoiding mechanical damage on remaining trees. (21) Blanding's Turtles Department of Natural Resources flyers with an illustration of a Blanding's Turtle shall be distributed to all site workers. If observed, turtles in imminent danger shall be removed to a safe location and turtles not in danger shall be left undisturbed. All construction areas shall be surrounded by silt fence to keep turtles from entering and no wetlands shall be altered as a result of the work authorized in this permit. (22) Other Permits The Operator shall obtain all state and federal permits appropriate to their operation and file copies of said permits with the City. 4.) General Provisions- (01) Permits- Qperator agrees to comply with all of the provisions hereof and agrees to save and hold the City harmless from any and all claims or actions arising from the operations of the Operator on the Property. (02) Binding_Effect- The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Operation and shall be deemed covenants running with the land. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers and encumbrances of all or any part of the Property, and all recording fees, if any, shall be paid bythe Operator. (03) Severable- In the event that any portion of this Agreement shall be held invalid for any reason, the same shall not affect in any respect whatsoever the validity of the remainder of this Agreement. (04) Waiver- Any waiver, whether empress or implied, by any party of a breach of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach of this Agreement. (05) Notices- All notices and demands specified herein shall be deemed appropriately and timely given when delivered personally or deposited in the United States mail to the addresses hereinafter set forth by certified mail (return receipt requested). The addresses of the parties hereto are as follows until changed by written notice given as above: If to the City at: City of Elk River ATTN: Environmental Adm. 13065 Orono Parkway Elk River, Minnesota 55330 If to the Operator at: Schuer,. Inc. Roger P. Schmidt 10107 105`'' St NW Annandale, MN 55302 (06) Incorporation by Reference- All plans, special provisions, proposals and specifications, submitted pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. IN WITNESS WHEREOF, the City and Operator have caused this Agreement to be duly executed on the day and year first above written. QTY OF ELK RIVER OPERATOR/FEE OWNER Schuer, Inc. By: Its: Mayor By: Its: City Clerk By: Its: STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of 2010, by Stephanie A. Klinzing, the Mayor of THE QTY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUNTY OF SHERBURNE ss. The foregoing instrmument was acknowledged before me this day of 2010, by Tina Allard, City Clerk of THE QTY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUN'T'Y OF ss. The foregoing instrument was acknowledged before me this day of 2010, by ,the of Scheer, Inc., a Minnesota corporation, on behalf of the corporation, fee owner of a portion of the subject property and Operator on the subject property. Notary Public This instrument was drafted by: City of Elk River Environmental Dept. 13065 Orono Parkway Elk River, MN 55330 _, a"~ ''. ~~ a ~~-'? -'~:' ^'r~, ~' ,;.~_:. d: .: ~:~ z'. ~, }~ ~ ~ :: "~ _' ~c~ ~$:; ~~'.. ~°~, ~<..