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5.1. SR 06-21-2010REQUEST FOR ACTION ver To City Council Agenda Section Community Development Meeting Date June 21, 2010 Item Number 5.1. Prepared by Rebecca Haug, Environmental Administrator Reviewed by Item Description Request by Schuer, Inc. for a Conditional Use Permit Amendment to Allow Washing/Processing Operations, Case No. CU 10-12 -Public Hearing Reviewed by Action Requested Staff and the Planning Commission recommend 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 SWPPP 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. 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. 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 by the Environmental Protection Agency (EPA) and will reduce the effects of noise generated from the Case I~i1e: CU 10-12 Page 2 Schuer Inc operation during their permitted hours. The site currently operates under a MPCA Air Quality and Stormwater Permit. Recommendation Staff and the Planning Commission recommend approval, subject to the conditions outlined above. Financial Im_oact None Attachments • Location Map • Applicant's Narrative Department of Natural Resources (DNR) Water Appropriation Permit Proposed Washing Operations map Proposed CUP Action Motion by Second by Vote Follow Up C:\Users\jjohnson\AppData\Local\Microsoft\Windows\Temporary Internet Files\OLKFF06\SR to CC.doc ~~/ City ~f E..k -~-1 ~Ziver REQUEST FOR ACTION To Planning Commission Agenda Section Meeting Date Planning Items June 8, 2010 Item Description Request by Schuer, Inc. for a Conditional Use Permit amendment to allow washing/processing operations, Case No CU 10-12 Action Requested Item Number 5.2 Prepared by Rebecca Haug, Environmental Admire Reviewed by Reviewed by 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 relaxed permit compliance documents, for example any SWPPP 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 lQ 12 Schuer Inc Page 2 • Proposed CUP General Information ---- ~- ,, 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 Subject Property North South East West Overview Mineral Extraction Mineral Extraction Agriculture Rural Residential Commercial Reserve Commercial Reserve Commercial Reserve Rural Residential Rural Residential Current Zoning CRT (ME) CRT (ME) CRT (NIE) R1a R1a 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. mill not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, morals, comfort, convenience orgeneral welfare of the neighborhood or the ~iy. 2. I-Ylill be consistent with the comprehensive plan. 3. mill not impede the normal and orderly development and improvement of surrounding vacantproperty. Existing Use Land Use Plan Designation Mineral Extraction N:\Departmexus\CommuniryDevelopment\Planni ~\Case Files\CUI'\CCJ 1x12 Roger Schmidt\SRto PGdoc Case File: CU 10.12 Page 3 SchuerInc 4. twill be served adequately by and will not adversely affect essential public facilities and services including streets, police and fire protection, drainage, refuse disposal, water and seaver systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. 5. i-Vill not involve uses, activities, processes, materials, equipment and conditions of operation that zarill be detrimental to any persons or properly because of excessive traff c, noise, smoke, fumes, glare, odors, dust or vibrations. 6. IYlill not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 7. mill 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 CUP 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 by the 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 MPCA Air Quality and Sto~~~~~aater Permit. Recommendation Staff supports a recommendation of approval, subject to the conditions outlined above. Action Motion by Second by Vote Follow Up N:\Departments\CommtuutyDevelopmern\Planning\Case Files\CUP\CU 1x12 Roger Schmidt\SRto PGdoc ~: ~_` "~ (l w N fD Z C Q' CD n c 0 N r 0 n O~ 3 -v 0 c~ m 70 cn Cl 3 z S:\Community Development\Planning\Case Files\CUP\CU 10-12 Roger Schmidt\Location Map.dwg, 5/4/2010 9:32:44 AM Project Narrative Applicant has a Conditional Use Permit to mine aggregate and related products on tax parcel ID# 75-114-1100, 75-111-2201 and 75-110-1 i05 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 p~lu,it for this property allowminingbelow the water table. Mining by prior owner created a pond that will be source of water for wash plant. Description/ Scope: ~Jater 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. A11 operation wi11 be within the p~~u~itted hours under applicant's existing CUP. Number of Employees: One 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 rack and aggregate normally incident to mining Environmental Applicant has been in contact with Roger Stradal of Minnesota Depa~ l~uent 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 14,444 gallons day or 1,444,044 gallons per year. Applicant as filed application for p~~u,it. 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. 0 ++ C O O {V c a o Q. ^ ~ ~ ~ m m a~ c c L a ~ ~, ~' - ~, ~~ m J C ++ V O -s-+ X W 0 ~+ Minnesota Department of Natural ~Zesaurces DNR Waters 940 Industrial Drive S., Suite 103, Sauk Rapids, MN 56379 320/255-2976 ext.233 June 3, 2010 Roger P. Schmidt Elk River Aggregate, LLC 1.0107 105"' Street N W Annandale, MN 55302 Dear Mr. Schmidt: RE: DNR Waters Appropriation Permit 2010-0566, Gravel Pit, Sherbume County Enciosed 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 va{ume of water appropriated annually. A Water Use Report will be sent to you each January for 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 subrrl[tted 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 da not send the report and fee until notified. if you have any questions, p€ease contact me at the above referenced phone number or email at Roger.Strada(c~i state.mn.us Sincerely, - ~, Roger Stradal Area Hydrologist cc: Dale Homuth, Regional Hydrologist Sherburne County SWCD Fred Bengtson, DNR Wildlife Central Office SWUDS Rebecca Haug, City of Elk River, Environmental Division DNR Information: 651-296-6157 • 1-888-646-6367 • TTY: 651-296-5484 1-800-657-3929 An Equal Opportunity Employer ~~ Printed on Recycled Paper Containing a Who Values Diversity ~~~ . Minimum of 10%Post-Consumer Waste Minnesota Non-Irrigation -Surface Water WATER APPROPRIA T 1011 PERMiT NUMBER . PERMIT 2014-0566 DEPARTi'lENtOF COUNTY NknirusESOURCES Sherburne (71 } IN THE MATTER OF THE APPLICATION FOR APPROPRIATION OF WATERS OF THE STATE, PERMISSION IS HEREBY GRANTED TO. PERMITTEE {landowner or lessee) Business Name and/or Authorized Agent -Elk River Aggregate, LLC Roger P. Schmidt Mailing Address 30107 105th Street NW, Annandale, Mht 55302 Phone 320-2743042 ar 320-333-.3799 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 Eastinq: 457059 UTM Zone 15 Northing: 5024317 Purpose: Gravel pit sand and gravel washing and dust con#roi purposes an a seasonal basis. ..Use Code {244 & 279) Sand and gravel washing ~ Dust control Property owned {point of taking and project area}: . NW'/ NW'l, Section 11, Township 33 Narth, Range 26 West. P[D#: 75-111-2201 .Mississippi River {St. Cloud} Watershed {17) Authorized Signature ~ . Title r Roger Stradai ~ ~~ Area Hydrologist ~~~~ Elk River Tov>-nship Date This permit is granted subject to the following CQNDIT~~NS: 4. QUANTITY: The Permittee is authorized to appropriate water at a rate not #o exceed 2da gallons per minute. The-total amount of water appropriated shall not exceed NA acre-feet or 15 million gallons per year. 2. LIMfTA'rtGNS: (a) Any violation of the terms and provisions ofithis permit and any appropriation 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 appropria#ion of waters of the state. (c) This permi# is permissive duly. No liability shall be imposed upon or incurred by the 5#ate of Minneso#a or any of its employees, on account of the granting hereof or on account of any damage to any person ar 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 agains# the Permittee, for any damage or injury resulfing from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the Pemrittee, for violation of or failure to comply wi#h the provisions of the permit or applicable provisions of law.. {d) In all cases where the doing by the Permittee of anything authored by this permit shall involve the taking, using, or damaging of any property,.righ#s or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the Permittee, before proceeding therewifh, 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 shat! not release the Permittee from any other permit requirement or liabilrty or obligation imposed by Minnesota Statutes, Federal Law, or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. {f) Unless explicitly specified, this permit does not authorize any alterations of.the beds or banks of any public {protected) waters or wetlands: A separate permit must be obtained from the Department of Natural Resources prior to any such alteration. (over, please). 3. PERM[TTEE'S RESPONSIBILITIES: . (a} FLOW METER. ' The Pem~ittee 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 wa#er 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 15 of the following year, upon forms supplied by the Division,. Any processing-fee required by law or rule shalt tie submitted with the. records whether ar not any waterway appropriated during the year. Failure to report shall be suffiaent cause for terminating .the permit 30 days #otlowing written nofice. (c) TRANSFER OR ASSIGNMENT. Any transfer or assignment of rights, or sale of property involved hereunder shall be reported'within 90.days thereafter to the Director of . DNR Waters. Such notice shat( be made by the transferee {i.e., new owner} and shall state the intention to dantfnue the appropriation as stated in the permit.~This pem•~it shall not be trans#erred or assigned except with the written consent of the Commissioner. (d} MODIFICATION. The Permittee must notify the Commissioner in writing of any proposed changes to the existing permit. This permit shal(not be modified without first obtaining. the written permission from the Commissioner. 4. COMMISSIONER'S AUTHORITY: (a} ~ he Commissioner may inspect any installafiori utilized for the appropriation or use of water. The Permtttee shalt grant access to~the site at all reasonable #imes and shall supply such information concerning such.instalfation as the Commissioner may repuire. {b) The Commissioner may, as helshe deems necessary, require the Permittee to Install gages and/or observation wells to monitor the impact of the PemliEtee's appropriation on the wa#er resource and require the Pennittee to pay necessary costs of instalia#ion and maintenance. {c) The Commissioner may restrict, suspend, amend,. or cancel Phis permit in accordance with applicable laws and rules for any cause for the protection of public interests, or for viola#ion of the provisions of tnis.permit. ` 5. PUBLIC RECORD: ~ . Atl data, facts, plans,-maps, applications, annual water use reports, and any additional in#ormation submitted as part of Phis permit, and this permit itself are part of the public record and are available far public inspection a# the offices of DtdF2 Wa#ers. The information contained therein may be used by the Division as it deems necessary.. The submission of false data, s#atements, reports, or any such additional information, at.any time shallf~e deemed as just grounds for fevocaIIOn ofti'ics pisrmrt. 6. WETLAND CONSERVATION ACT: Where the worts authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations, the permittee shall not initiate any appropnation under this permit until the permittee has obtained .official approval from the responsibke governmental uni# as required by the tNinnesota Wetland Conservation Act. 7. INTERFERENCE: ~ • { !f notified by the Depaiihnent that well interference is suspected and probable from your appropnation,;based on confirmation of a formal veil interference complaint, aft appropriation authorized by this permit must pease immediately unri7 the interference is resolved. The permittee may be required.to obtain damesfic well information within a radius of one and one half miles of the production well should well interference problems develop. - 8: CONSERVATION: , All prac#icai and feasibte:water conservation methods and practices must be employed to promote,sound wa#er management and use the least " amount of water necessary, such as reuse and recycling water, saving devices, and water storage. ~ ' 9. DISCHARGE AUTHORIZATION:- . This permit is valid only in conjunction-with all required discharge au#honzations from local, state, or federal government units. 10. SUSPENSION: . . The Department may require the suspension of appropriation during periods of lowwater iri order to maintain minimum waterleveis v~ithin the " basiNwatercourse/watershed. 11.- BEST MANAGEMENT PRACTICES; Best management practices for fuel storage, fueling and maintenance of vehicles and equipment must be followed to .prevent contaminan#s from entering pit. ec: Dale Hamuth,. Regional f-fydrologist Sherburne County SWC© Fred Bengtson DNR Wildlife. Central Office SWUDS ~ . Rebecca Naug, City of Efk River, Environmental Division Version 20090'f'f 5 This information is available in an alternative format upon request CITY OF ELK RIVER AGREEMENT FDR ISSUANCE E}F C®I~TDITIQNAL USE PER_R~IIT FQR MINERAL EXCAVATIOI~T THIS AGREEMENT, made and entered into this day of , 2010, by and between the QTY OF ELK RIVER, a municipal corporation organized under the lams of the State of Minnesota (City), and Schuer, Inc., a Minnesota corporation, hereinafter referred to as (Operator); ~~ITNESSETH: 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 f ollou~s: The Northwest Quarter of the Northeast Quarter (l~X~ 1/4 of NE 1/a), the North Half of the Northeast Quarter of the Northeast Quarter (N lh of NE 1/4 of NE 1/), and the North 200 feet of the South Half of the Northeast Quarter of the Northeast Quarter (N 200 ft. of S Ih of NE 1/a of NE '/4), all in Section 10, Township 33, Range 26, Sherburne County, Minnesota. (the Propert~; and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on Operator's request for a conditional use pei-nzit, at which hearings all citizens of the City of Elk River and other interested parties have had the oppomuiity to be heard on the application; and WHEREAS, the Cite Council by motiori 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 ~~Iineral 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 Qperator, 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 Iease 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: {C1) This Conditional Use Permit authorizes mineral excavation (grave from the Property. (02) All mineral excavation and processing operations on the property shall comph% ~~idi the Citj%'s 1\~Tineral Excavation, Zoning and other applicable ordinances; v~~ith the terms of this Conditional Use Permit agreement and the license agreement to be executed by the City and Operator; v~ith the City of Elk River's Environmental Impact Statement on Mineral Exca~Tation; and with the application materials and plans submitted by the Operator, which plans and materials are the basis for the Cite's approval of the Conditional Use Permit. (03) The Operator shall orally notify the City of any violations of this permit within 24 hours and follow this with notification in R~riting 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 31St. The annual license fee is that which is specified by the Elk River City Council at time of renew-a1. This license fee is not in lieu of gravel tax collected by the County, a portion of vahich 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 Cit~~'s approval of this Conditional Use Permit is subject to the approval of appropriate pem7its 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 t-eax a plan for that rear's reclamation shall be approved b,- 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. e. 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 pan 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 219t1i Avenue will be eliminated when frontage roads leading to interchanges are developed. b. All potions 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 met by the Operation. This permit and all other correspondence beta=een the Operator and MICA shall be copied to the City. b. All equipment shall be located as to reduce dust to adjacent properties. c. A aTater truck shall be on site at all times urhen 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 reducil-~g stock pile heights. (12) Hours of Operation All mineral excavation, processing, between the normal hours of 7:00 Saturday except the hours may Administrator for special cases. (13) Noise and sales activities shall be conducted a.m. to 7:00 p.m, A/Ionday through be extended by the Environmental 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 bamers, 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) Lighting 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 keepil-~g of old machinery, junk, debris, or abandoned motor vehicles, shall be prohibited on this site, Rrith 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 v,1th the City an Environmental Spill Plan and a Storm ~Xjater 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 da~~s. e. The appropriate storm water permits (NPDES) shall be obtained by the Operator from MPCA 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), pI~ 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 t~'ver Bituminous site.. The Operator shall have ar_ approved hazardous ~raste license for this facilit~r and properly dispose of all Taste. i. Temporary sedimentation ponds, as indicated on the plans submitted, shall be constricted and maintained until deemed to be no longer necessary by City staff. The Operator shall provide the CitSr updated groundwater data as it becomes available. k. The proposed uretland restoration plan is based on the premise that the groundwater level incurred is not a perch crater table. If information to the contrary is discovered, the Operation shall cease until nova 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, R~ith the exception that billboards are not allowed. (19) Fencing 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) Blandin~'s Turtles Department of Natural Resources flyers with an illustration of a Blancling's Turtle shall be distributed to all site workers. If observed, turtles in ;mm;nent 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 arork 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 R~ith the CitS: 4.) General Provisions- (01} Permits- Operator 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 nulning 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 ATIN: Environmental Adm. 13065 Orono Parkway Elk River, Minnesota 55330 If to the Operator at: Scheer, Inc. Roger P. Schmidt 10107 105`'' St NW Annandale, MN 55302 (O6) Incorooration 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 ~~I-IEREOF, the City and Operator have caused this Agreement to be duly executed on the da3- and year first above written. CITY OF ELK RIVER OPERA_TOR/FEE OWNER Scheer, Inc. B~r Its: Mayor Bar Its: City Clerk STATE OF MINNESOTA ss. COUNTY OF SHERBURNE By: Its: The foregoing instniment was acknowledged before me this day of 2010, by Stephanie A. Klinzing, the IVlayor of THE C:11 Y OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA COUN'T'Y OF SHERBURNE ss. The foregoing instrument was acknowledged before me this day of 2010, by Tina Allard, City Clerk of THE QTY OF ELK RIVER, a Rnnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF hINNESOTA ss. COUNTY OF The foregoing instnuent 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 `~