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7.1. 7.2. 7.3. 7.4. SR 09-19-2011REQUEST FOR ACTION To Item Number Ci Council 7.1. - 7.4. Agenda Section Meeting Date Prepared by Community Development September 19, 2011 Rebecca Haug, Environmental Administrator Item Description Reviewed by (~ `\ 7.1. Request by Elk River Landfill, Inc. for Land Use Robert Thistle, Interim City Amendment to Change the Land Use of Certain Administrator Property from Mining to Landfill, Case No. LU11-01- Reviewed by Public Hearing Peter Beck, City Attorney 7.2. Request by Elk River Landfill, Inc. for Rezoning to Change the Zoning From Al (ME) Agricultural Conservation (Mineral Excavation) to AI (SWF), Agricultural Conservation (Solid Waste Facility), Case No. ZC 11-01-Public Hearing 7.3. Request by Elk River Landfill, Inc. for Amended Conditional Use Permit to Expand the Existing Landfill Onto 31.8 Acres of Property Located Immediately South of the Existing Landfill, Case No. CU 11-12 -Public Hearing 7.4. Request by Elk River Landfill, Inc. for a Solid Waste Facility License to Operate the Existing Landfill and the 31.8 Acre Ex ansion Action Requested Staff and the Planning Commission are recommending the City Council approve Elk River Landfill's requests for a Land Use Amendment, to change the Land Use from Mining to Landfill; for a rezoning, to rezone from Al (ME) Agricultural Conservation (Mineral Excavation) to Al (SWF), Agricultural Conservation (Solid Waste Facility); and a Conditional Use Permit and Solid Waste Facility License to expand the existing landfill onto 31.8 acres of property located immediately south of the existing landfill. Background/Discussion Elk River Landfill, Inc. (Landfill) is requesting a Land Use Amendment, Zone Change, Conditional Use Permit and Solid Waste Facility License to expand the Landfill onto 31.8 acres of property located immediately south of the existing landfill property. This proposal would allow for the development of additional landfill space on 8.9 acres of the southern-most portion of the existing landfill property, and on 18.3 acres of the northern-most portion of the property owned by Tiller Corporation ("Tiller Property"), which is located immediately to the south of the existing landfill property, for a total of 27.2 acres of additional fill area. An additional 13.5 acres of the Tiller Property will be required for the 200 foot buffer area. Therefore, 31.8 acres of the Tiller Property will be permitted for Landfill operations. 33 acres of Tiller Property would be reguided from Mining to Landfill and rezoned from AI (ME) to Al (ME) (SWF). This property is currently being mined. The Conditional Use Permit and License will allow Case File: CU 11-12 Page 2 Elk River Landfill 31.8 of these acres to be used for landfill operations. As in past landfill operations, the deposit of waste would follow the completion of gravel mining in a particular cell location, moving north to south. The proposal consists of a maximum 27.2 additional acres of lined cells that would be used for the disposal of mixed solid waste (MSW), including 8.9 acres on existing landfill property and 18.3 acres on Tiller Property. This acreage would allow for approximately 4,962,000 cubic yards of additional MSW capacity. Although future waste volumes are difficult to predict with certainty, the Landfill estimates that this expansion would extend the life of the facility approximately 18 years. The Landfill has also agreed that in no event would the life of the facility extend beyond December 31, 2030. Planning Commission No comments were received at the public hearing. The Planning Commission recommended approval of the request with a 3-1 vote. Attachments • Resolution Approving Land Use Amendment • Resolution Approving Zone Change • Resolution Approving Amended Conditional Use Permit and License • Agreement for Issuance of Amended Conditional Use Permit • Solid Waste Facility License Agreement • Restrictive Covenant Redline showing revisions to CUP from September 13 Planning Commission meeting to September 19 City Council meeting Planning Commission packet dated August 9, 2011 N:\Departments\Communiry Development\Planning\Case Files\CUP\CU 11-12 ER Landfill\CU 11-12_CC.docx RESOLUTION NO. 11- City Council City of Elk River A Resolution Approving the Application of Elk River Landfill, Inc. for a Comprehensive Plan Amendment to Allow Expansion of the Elk River Landfill WHEREAS, Elk River Landfill, Inc. (ERL), a wholly-owned subsidiary of Waste Management, Inc. (WMI), is the owner and operator of the Elk River Landfill (Landfill); and WHEREAS, Capital Land Group, a land holding company for Tiller Corporation (Tiller), is the owner of an approximately 109-acre parcel of land located immediately south of the existing Landfill (Tiller Property); and WHEREAS, ERL and Tiller submitted a land use application in 2009 (2009 Application) to the City requesting an amendment to the City's 2004 Comprehensive Plan to amend the Land Use Map Element of the Comprehensive Plan to change the land use designation of the 109-acre Tiller Property from "Mining" to "Landfill," an amendment to the City of Elk River Zoning Map to rezone the 109-acre Tiller Property from A-1(ME), Agricultural Conservation (Mineral Excavation), to A-1(SWF), Agricultural Conservation (Solid Waste Facility) and a Conditional Use Permit and Solid Waste Facilities License to allow expansion of the Landfill onto the 109- acre Tiller Property; and WHEREAS, the 2009 Application was considered by the Elk River Planning Commission and the Elk River City Council and denied by the City Council on September 21, 2009; and WHEREAS, WMI and Tiller subsequently applied, on June 27, 2011 (2011 Application), for a smaller expansion of the Landfill, requesting: An amendment to the City's 2004 Comprehensive Plan to amend the Land Use Map Element of the Comprehensive Plan to change the land use designation of 33 acres of the Tiller Property from "Mining" to "Landfill"; and 2. An amendment to the City of Elk River Zoning Map to rezone 33 acres of the Tiller Property from A-1(ME), Agricultural Conservation (Mineral Excavation), to A-1(SWF), Agricultural Conservation (Solid Waste Facility); and 3. A Conditional Use Permit (CUP) to allow expansion of the existing Landfill onto 31.8 acres of the Tiller Property; and 4. A License to allow operation of the Landfill on the 31.8-acre expansion area; and WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City Code, the 2011 Application was referred to the City of Elk River Planning Commission for the purpose of holding a public hearing and making a recommendation to the Elk River City Council on the Application; and WHEREAS, the Planning Commission held a public hearing on the 2011 Application on September 13, 2011, at which time ERL, WMI, Tiller and their consultants were provided as much time as they desired to present the 2011 Application and all information and data they desired in support of the 2011 Application; and WHEREAS, the Planning Commission took testimony from all members of the public who desired to speak at the September 13, 2011 public hearing; and WHEREAS, on September 13, 2011, the Elk River Planning Commission adopted a resolution recommending to the Elk River City Council that the 2011 Application for a comprehensive plan amendment for the 31.8 acre expansion be approved; and -2- WHEREAS, the Elk River City Council, on September 19, 2011, held a public hearing on the 2011 Application and considered the Planning Commission's recommendation; and WHEREAS, ERL, WMI, Tiller and all members of the public desiring to speak at the September 19, 2011 public hearing before the City Council were provided the opportunity to do so; and WHEREAS, all written materials submitted by ERL, WMI, Tiller, and all other members of the public prior to and at the public hearing on September 19, 2011 were accepted into the record; and WHEREAS, during the September 19, 2011 public hearing, the City Council discussed the merits of the 2011 Application, closed the public hearing on the Application and reached the decision incorporated in this resolution. NOW, THEREFORE, the City Council of the City of Elk River makes the following Findings of Fact and Decision with respect to the Application of ERL, WMI, and Tiller for a comprehensive plan amendment to allow a 31.8-acre expansion of the Landfill: FINDINGS OF FACT 1. The Landfill was first approved to operate on 40 acres of land in 1971 and first permitted by the Minnesota Pollution Control Agency in 1972. 2. The Landfill was granted its first approvals and permits by the City of Elk River pursuant to the City's Solid Waste Facilities Ordinance in 1988. 3. In 1997, the City granted approval for the Landfill to expand the area approved for Mixed Solid Waste (MSW) disposal from its origina140 acres to the current 93-acre footprint. -3- 4. In 1988, the Landfill received approval from Livonia Township to expand the area approved for construction and demolition debris disposal (C & D) to a total permitted footprint of 75 acres. 5. The Mixed Solid Waste and Construction and Demolition Debris operations at the Landfill currently cover 168 acres. 6. The 2011 Application proposes an increase in the MSW disposal area within the Landfill of 27.2 acres, which is significantly less than the proposal denied by the City Council in 2009. 7. .The 2011 Application provides that the Landfill will close no later than December 31, 2030. 8. The City of Elk River has been proactively planning for its future and regulating solid waste facilities since the 1980s. The City adopted its Solid Waste Facilities Ordinance in 1986, and the Landfill was rezoned to the Solid Waste Facilities Overlay Zoning District in 1988. 9. The City adopted its first growth management plan in 1988 and its first comprehensive plan in 1995. The City's current comprehensive plan (the Comprehensive Plan) was adopted on August 16, 2004. 10. The 2004 Comprehensive Plan consists of 13 elements, including the Land Use Element. The Land Use Plan incorporated in the Land Use Element of the Comprehensive Plan designates the current Landfill as "Landfill" and the Tiller Property as "Mining." The designation of the Tiller Property as Mining has not been changed since adoption of the Comprehensive Plan in 2004. -4- 11. Changing the designation of a portion of the Tiller Property from Mining to Landfill on the Land Use Map requires the approval and adoption of an amendment to the Comprehensive Plan by the City Council, as provided by Minnesota Statutes. 12. The Comprehensive Plan states that it should not be amended capriciously and that the following questions should be considered when changes to the Comprehensive Plan are proposed: • Is the project consistent with the Land Use Plan? • Does the project move Elk River towards its vision for the future? • Is the project consistent with the policies contained the Comprehensive Plan? 13. Policies set forth in the Comprehensive Plan which are relevant to the Application include: • Provide a balanced land use pattern which supports a sustainable mix of jobs and housing. • Guide the scale of development to be consistent with the surrounding land uses and general character. • Guide commercial land use to areas that can utilize anappropriately-designed transportation system without infringing upon residential neighborhoods. • Allow commercial areas to develop when they can be designed to be compatible with surrounding land uses. • Include adequate buffering of commercial and industrial developments and adjacent to non-compatible land uses. • Require adequate transition of buffers between differing, non-compatible land uses, making use of natural land characteristics, whenever possible. • Require development of proposals to consider the impacts on transportation and natural systems beyond the boundaries of the individual projects. -5- 14. Throughout the Comprehensive Plan there is an emphasis on attracting commercial/industrial development. This is important to the City as this type of development builds a community's tax base and creates more job opportunities. 15. Another fundamental element mentioned throughout the Comprehensive Plan is the need to establish and maintain a positive community image by maintaining the edges and buffers that define and protect adjacent land uses. 16. Preservation of open spaces is also an important policy and goal of the Comprehensive Plan. 17. The Comprehensive Plan provides that the gravel mining area of the City, which is located along both sides of North Highway 169 and includes the Tiller Property, be guided for future development of commercial and industrial uses. This area of the City is envisioned by the City Council as the future economic engine of the City. The goal is to have this area develop with commercial and industrial uses as the gravel is mined out. The tax base generated by commercial and industrial development in this area is intended to support the financial viability of residential development throughout the City by making it possible to maintain municipal services without increasing taxes. Although this is very long range planning, and there are not yet timetables for extending public utilities into this area to serve those future uses, this is the vision of the Comprehensive Plan and the City Council for this area of the City. The Tiller Property is also located adjacent to the future Highway 169/221st Avenue Interchange, which has great potential for future commercial/industrial development. 18. The 2004 Comprehensive Plan was prepared with the assistance of the planning firm of Hoisington Koegler Group, Inc. (HKGi). In anticipation of the proposed expansion of the Landfill the City retained HKGi to take a closer look at the potential impacts of an expansion -6- of the Landfill on the gravel mining area of the City. HKGi's report, the North Highway 169 Land Use Study, dated November 10, 2008, identified a number of potential impacts related to an expansion of the Landfill and suggested land use, transportation and aesthetic strategies for addressing these impacts. 19. Following receipt of the 2009 Application to expand the Landfill, the City retained HKGi to take a closer look at the immediate area which would be potentially impacted by a Landfill expansion and to analyze the potential financial and fiscal impacts on the City of an expansion of the Landfill. HKGi's report on these issues is dated June 2, 2009, was subsequently updated on June 15, 2009, and was updated again on September 8, 2009. (The HKGi November 10, 2008, June 6,2009, June 15, 2009 and September 8, 2009 reports are hereafter collectively referred to as the "HKGi reports.") 20. The HKGi reports projected potential significant impacts of the proposed 2009 Landfill expansion on economic development in this area of the City and on future tax revenues generated from the Tiller Property and the surrounding area. 21. It was the conclusion of the City Council that the proposed 2009 expansion of the Landfill would inevitably have a long term negative impact on economic development within and tax revenue generated by at least a portion of the North Highway 169 area of the City, in particular the Tiller Property and the area immediately surrounding the Tiller Property, and that the expansion of the Landfill proposed in 2009 was. not consistent with the City's policies and goals as reflected in the City's Comprehensive Plan and the work of its Economic Development Authority, Housing and Redevelopment Authority, Planning Commission and City Council. 22. The City Council further found that the 2009 proposed expansion of the Landfill would prevent future development of the Tiller Property, which would have been almost -7- completely filled with Mixed Solid Waste, and could discourage the type of high quality commercial/industrial development which the City is seeking for the important area of the City immediately surrounding the Tiller Property, including the critical area around the future interchange at Highway 169 and 221st Avenue. 23. The City Council also recognized that there are some positive economic impacts related to the Landfill, including the fees which the City collects from the Landfill and the business which ERL does with local residents and businesses, and that ERL and WMI have been excellent corporate citizens and have made every effort to mitigate the impacts of the Landfill on the City. 24. The City Council finds that the 2011 Application addresses the concerns which caused the 2009 Application to be denied, because: a. The 2011 Application commits to an expansion of no more than 31.8 acres and provides that ERL and WMI will forever waive their right to pursue any further Landfill expansion in the City. This is significant because it preserves over 60 acres of land at the future interchange of Highway 169 and 221st Avenue for future development. This will preserve the opportunity to generate tax base from this area and address the negative economic impacts which caused the 2009 Application to be denied. b. The 2011 Application commits to a closure date for the Landfill of no later than December 31, 2030. This is significant because it sets an absolute deadline for when negative impacts on the City related to operation of the Landfill will end. c. The 2011 Application provides for an Expansion Fee which will assist in offsetting the negative economic and other impacts of the Landfill on the City. -8- d. The 2011 Application provides for execution by ERL, WMI and/or Tiller of a restrictive covenant which will ensure that there will be no further expansion of the Landfill. e. The 2011 Application provides appropriate screening of the Landfill, including a landscaped berm along 221st Avenue which will help replace the screening effect of the existing vegetation which will be removed for expansion of the Landfill. f. The 2011 Application provides for ERL to allow public access along the railroad trail north of the City limits. g. Approval of the 2011 Application will resolve pending litigation with ERL, WMI and Tiller. 25. The City Council finds that the commitments by ERL identified in Paragraph 24 immediately above, which address the impacts which caused the 2009 Application to be denied, are incorporated in and enforced through a proposed Agreement for Issuance of an Amended Conditional Use Permit (CUP), to be approved concurrently with approval of the comprehensive plan amendment and rezoning for the 2011 expansion; and that execution of the CUP by ERL is necessary to sustain the findings set forth in this Resolution for approval of the 2011 Application. 26. It is the City Council's conclusion, from all of the evidence submitted and the testimony taken, that: (1) The 2011 Application addresses the impacts and concerns which caused the 2009 Application to be denied, provided that the CUP is executed and becomes effective; (2) The 2011 Application meets the standards and requirements of state law and the City Code of Ordinances for amendment of the City's Comprehensive Plan, provided that the CUP is executed and becomes effective; and -9- (3) Amendment of the Land Use Map Element of the City's Comprehensive Plan to expand the area of the City designated for Landfill into 33 acres of the Tiller Property is consistent with the policies and goals of the City's Comprehensive Plan and is in the best interest of the City, its residents and its taxpayers, provided that the CUP is executed and becomes effective. DECISION THEREFORE, the City Council of the City of Elk River makes the following Decision with respect to the Application to amend the Comprehensive Plan of the City of Elk River to redesignate 33 acres of the Tiller Property from Mining to Landfill: A. All of the reports and materials prepared by City Staff and City Consultants, as well as the Findings of Fact and Recitals set forth in this Resolution, are hereby adopted and incorporated within the City Council's Decision on this matter. B. The record in this matter shall include all materials submitted to the City and presented to the Planning Commission and City Council, including those materials presented in the staff reports, by the City staff and by the City's consultants, and all materials and testimony submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all testimony received from the public, as of the date of this Resolution. C. The Application of ERL to amend the Land Use Map Element of the City of Elk River 2004 Comprehensive Plan to redesignate the 33-acre area identified on Exhibit A attached to this Resolution from the Land Use category "Mining" to the Land Use category "Landfill" is hereby granted, on condition that: (1) ERL provides City with written documentation of ownership of the real property described on Exhibit A attached hereto; -10- (2) ERL executes the Agreement for Issuance of Amended Conditional Use Permit approved by action of the City Council on this date; (3) The Agreement for Issuance of Amended Conditional Use Permit becomes effective by it's terms; (4) ERL executes a stipulation for dismissal of the case filed in Sherburne County District Court, now known as ERL I; the Appellants have withdrawn their appeals to the Minnesota Court of Appeals in the matters known as ERL I, II and IV; and all parties to the ERL I, II and IV litigation have executed mutual releases of all claims arising from that litigation; and (5) ERL executes a covenant in a form acceptable to city providing that no portion of the Tiller Property beyond the 27.2-acre fill area approved in the CUP may ever be used for the deposit of Solid Waste. D. The approval granted in this Resolution shall not become effective unless and until the conditions of approval set forth in C. above are fully complied with THIS RESOLUTION PASSED AND ADOPTED this 19th day of September, 2011. John J. Dietz, Mayor Tina Allard, City Clerk GP:3041145 v3 -11- EXHIBIT A That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, MN lying south of the South line of the North 525.00 ft. thereof, and lying west of U.S. Highway No. 169; and that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, said county, lying south of the South line of the North 525.00 ft. thereof, and lying east of the former Great Northern Railroad, all lying north of the following described line: Beginning at the intersection of said South line of the North 525.00 ft. with the West right of way line of U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said South line of the North 525.00 ft. of said Southwest Quarter bears South 89 degrees 47 minutes 13 seconds East, a distance of 633.89 ft.; thence North 90 degrees 00 minutes 00 seconds West, a distance of 2394.80 ft. to intersect the easterly right of way line of said former Great Northern Railroad. GP:3041145 v3 -12- RESOLUTION NO. 11- City Council City of Elk River A Resolution Approving the Application of Elk River Landfill, Inc. for a Rezoning to Allow Expansion of the Elk River Landfill WHEREAS, Elk River Landfill, Inc. (ERL), a wholly-owned subsidiary of Waste Management, Inc. (WMI), is the owner and operator of the Elk River Landfill (Landfill); and WHEREAS, Capital Land Group, a land holding company for Tiller Corporation (Tiller), is the owner of an approximately 109-acre parcel of land located immediately south of the existing Landfill (the Tiller Property); and WHEREAS, ERL and Tiller have submitted, on June 27, 2011, a land use application (Application) to the City requesting: 1. An amendment to the City's 2004 Comprehensive Plan to amend the Land Use Map Element of the Comprehensive Plan to change the land use designation of 33 acres of the Tiller Property from "Mining" to "Landfill"; and 2. An amendment to the City of Elk River Zoning Map to rezone 33 acres of the Tiller Property from A-1(ME), Agricultural Conservation (Mineral Excavation), to A- 1(SWF), Agricultural Conservation (Solid Waste Facility); and 3. A Conditional Use Permit (CUP) to allow a 31.8-acre expansion of the existing Landfill onto the Tiller Property; and 4. A Solid Waste Facilities License to allow the operation of a Landfill within the 31.8-acre expansion area; and WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City Code, the Application for an Amendment to the Land Use Map Element of the Comprehensive Plan, for a Rezoning and for a Conditional Use Permit were referred to the City of Elk River Planning Commission for a public hearing and recommendation to the City Council; and WHEREAS, the Planning Commission held a public hearing on the Application on September 13, 2011, at which time ERL, WMI, Tiller and their consultants were Application as much time as they desired to present the Application and all information and data they desired in support of the Application; and WHEREAS, the Planning Commission took testimony from all members of the public who desired to speak at the September 13, 2011 public hearing; and WHEREAS, the Planning Commission closed its public hearing on the Application on September 13, 2011 and adopted resolutions recommending to the Elk River City Council that the requests for a Comprehensive Plan Amendment, Rezoning and Conditional Use Permit for a 31.8-acre expansion of the Landfill be approved; and WHEREAS, the Elk River City Council, on September 19, 2011, held a public hearing on the Application and considered the Planning Commission's recommendation; and WHEREAS, ERL, WMI, Tiller and all members of the public desiring to speak at the September 19, 2011 public hearing before the City Council were provided the opportunity to do so; and WHEREAS, all written materials submitted by ERL, WMI, Tiller, and all other members of the public prior to and at the public hearing on September 19, 2011 were accepted into the record; and WHEREAS, during the September 19, 2011 public hearing, the City Council discussed the merits of the Application; and 2 WHEREAS, after all parties desiring to present testimony and offer evidence for or against the Application had had the opportunity to do so, the Elk River City Council closed the public hearing on the Application and continued its discussion of the Application; and WHEREAS, the Elk River City Council on September 19, 2011, adopted a resolution (Land Use Resolution) approving an amendment to the Land Use Element of the Comprehensive Plan to change the land use designation of 33 acres of the Tiller Property from "Mining" to "Landfill"; and WHEREAS, the Land Use Resolution sets forth in detail the City council's findings of fact to support approval of the proposed amendment to the Comprehensive Plan, and sets forth the conditions for the City Council's approval of the proposed amendment. NOW, THEREFORE, the City Council of the City of Elk River makes the following Findings of Fact and Decision with respect to the Application of ERL, WMI and Tiller for a rezoning of 33 acres to allow a 31.8-acre expansion of the Landfill: FINDINGS OF FACT The City Council adopts by reference each and every one of the Findings of Fact and Conditions set forth in the Land Use Resolution. 2. The City Council adopts by reference and incorporates into this Resolution approving a rezoning the conditions of approval set forth in part C of the Decision Section of the Land Use Resolution. 3. The City Council finds that rezoning 33 acres of the Tiller Property from A-1 (ME) to A-1 (SWF) meets the standards and requirements set forth in the Elk River Code of Ordinances for approval of a rezoning to the Solid Waste Facilities (SWF) zoning district, provided that the conditions set forth in the Land Use Resolution are complied with. DECISION THEREFORE, the City Council of the City of Elk River makes the following Decision with respect to the request to rezone 33 acres of the Tiller Property from A-1(ME) to A-1(SWF): A. All of the reports and materials prepared by City Staff and City Consultants, as well as the Findings of Fact and Recitals set forth in the Land Use Resolution, are hereby adopted and incorporated within the City Council's Decision on this matter. B. The record in this matter shall include all materials submitted to the City and presented to the Planning Commission and City Council, including those materials presented in the staff reports, by the City staff and by the City's consultants, and all materials and testimony submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all testimony received from the public, as of the date of this Resolution. 4 C. Based on all of the above, the Application to rezone the 33-acre area identified on Exhibit A to this Resolution from A-1(ME) to A-1(SWF) in order to expand the Landfill onto 31.8 acres of the Tiller Property is hereby approved, subject to the condition that approval of the proposed Comprehensive Plan amendment becomes effective as provided in the Land Use Resolution. The rezoning approved in this Resolution shall not be effective unless and until the Land Use Plan amendment is effective. THIS RESOLUTION PASSED AND ADOPTED this 19th day of September, 2011. John J. Dietz, Mayor Tina Allard, City Clerk GP:3041148 v2 EXHIBIT A That part of the Southwest Quarter of Section 3, Township. 33, Range 26, Sherburne County, MN lying south of the South line of the North 525.00 ft. thereof, and lying west of U.S. Highway No. 169; and that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, said county, lying south of the South line of the North 525.00 ft. thereof, and lying east of the former Great Northern Railroad, all lying north of the following described line: Beginning at the intersection of said South line of the North 525.00 ft. with the West right of way line of U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said South line of the North 525.00 ft. of said Southwest Quarter bears South 89 degrees 47 minutes 13 seconds East, a distance of 633.89 ft.; thence North 90 degrees 00 minutes 00 seconds West, a distance of 2394.80 ft. to intersect the easterly right of way line of said former Great Northern Railroad. GP:3041148 v2 6 RESOLUTION NO. 11- City Council City of Elk River A Resolution Approving the Application of Elk River Landfill, Inc. for an Amended Conditional Use Permit and Solid Waste Facilities License to Allow Expansion of the Elk River Landfill WHEREAS, Elk River Landfill, Inc. (ERL), a wholly-owned subsidiary of Waste Management, Inc. (WMI), is the owner and operator of the Elk River Landfill (Landfill); and WHEREAS, Capital Land Group, a land holding company for Tiller Corporation (Tiller), is the owner of an approximately 109-acre parcel of land located immediately south of the existing Landfill (the Tiller Property); and WHEREAS, ERL and Tiller have submitted, on June 27, 2011, a land use application (Application) to the City requesting: 1. An amendment to the City's 2004 Comprehensive Plan to amend the Land Use Map Element of the Comprehensive Plan to change the land use designation of 33 acres of the Tiller Property from "Mining" to "Landfill"; and 2. An amendment to the City of Elk River Zoning Map to rezone 33 acres of the Tiller Property from A-1(ME), Agricultural Conservation (Mineral Excavation), to A- 1(SWF), Agricultural Conservation (Solid Waste Facility); and 3. A Conditional Use Permit (CUP) to allow a 31.8-acre expansion of the existing Landfill onto the Tiller Property; and 4. A Solid Waste Facilities License to allow the operation of a Landfill within the 31.8-acre expansion area; and WHEREAS, pursuant to the requirements of Minnesota Statutes and the Elk River City Code, the Application for an Amendment to the Land Use Map Element of the Comprehensive Plan, for a Rezoning and for a Conditional Use Permit were referred to the City of Elk River Planning Commission for a public hearing and recommendation to the City Council; and WHEREAS, the Planning Commission held a public hearing on the Application on September 13, 2011, at which time ERL, WMI, Tiller and their consultants were provided as much time as they desired to present the Application and all information and data they desired in support of the Application; and WHEREAS, the Planning Commission took testimony from all members of the public who desired to speak at the September 13, 2011 public hearing; and WHEREAS, the Planning Commission closed its public hearing on the Application on September 13, 2011 and adopted resolutions recommending to the Elk River City Council that the requests for a Comprehensive Plan Amendment, Rezoning and Conditional Use Permit for a 31.8-acre expansion of the Landfill be approved; and WHEREAS, the Elk River City Council, on September 19, 2011, held a public hearing on the Application and considered the Planning Commission's recommendation; and WHEREAS, ERL, WMI, Tiller and all members of the public desiring to speak at the September 19, 2011 public hearing before the City Council were provided the opportunity to do so; and WHEREAS, all written materials submitted by ERL, WMI, Tiller, and all other members of the public prior to and at the public hearing on September 19, 2011 were accepted into the record; and WHEREAS, during the September 19, 2011 public hearing, the City Council discussed the merits of the Application; and 2 WHEREAS, after all parties desiring to present testimony and offer evidence for or against the Application had had the opportunity to do so, the Elk River City Council closed the public hearing on the Application and continued its discussion of the Application; and WHEREAS, the Elk River City Council on September 19, 2011, adopted a resolution (Land Use Resolution) approving an amendment to the Land Use Element of the Comprehensive Plan to change the land use designation of 33 acres of the Tiller Property from "Mining" to "Landfill"; and WHEREAS, the Elk River City Council, on September 19, 2011, adopted a resolution (Rezoning Resolution) rezoning 33 acres of the Tiller Property from A-1(ME) to A-1(SWF); and WHEREAS, the Land Use Resolution sets forth in detail the City council's findings of fact to support approval of the proposed amendment to the Comprehensive Plan, and sets forth the conditions for the City Council's approval of the proposed amendment. NOW, THEREFORE, the City Council of the City of Elk River makes the following Findings of Fact and Decision with respect to the Application of ERL, WMI and Tiller for an Amended Conditional Use Permit and Solid Waste Facilities License to allow a 31.8-acre expansion and operation of the Landfill: FINDINGS OF FACT The City Council adopts by reference each and every one of the Findings of Fact and Conditions set forth in the Land Use Resolution and the Rezoning Resolution. 2. The City Council adopts by reference and incorporates into this Resolution approving an Amended Conditional Use Permit and Solid Waste Facilities License for the Landfill the conditions of approval set forth in Part C of the Decision Section of the Land Use Resolution. 3. In addition, the City Council finds that operation of a landfill pursuant to the terms set forth in the Agreement for Issuance of Amended Conditional Use Permit attached as Exhibit A to this Resolution, and the Solid Waste Facilities License Agreement attached as Exhibit B to this Resolution, would meet the standards and requirements set forth in the Elk River Code of Ordinances for approval of a Conditional Use Permit and a Solid Waste Facilities License. DECISION ON CONDITIONAL USE PERMIT THEREFORE, the City Council of the City of Elk River makes the following Decision with respect to the request for an Amended Conditional Use Permit to expand the Landfill onto 31.8 acres of the Tiller Property: A. All of the reports and materials prepared by City Staff and City Consultants, as well as the Findings of Fact and Recitals set forth in the Land Use Resolution and the Rezoning Resolution, are hereby adopted and incorporated within the City Council's Decision on this matter. B. The record in this matter shall include all materials submitted to the City and presented to the Planning Commission and City Council, including those materials presented in the staff reports, by the City staff and by the City's consultants, and all materials and testimony submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all testimony received from the public, as of the date of this Resolution. C. Based on all of the above, the request for an Amended Conditional Use Permit to expand the Landfill onto 31.8 acres of the Tiller Property is hereby approved, subject to the following conditions: 1) That the land use plan amendment and rezoning become effective as provided in the Land Use Resolution and the 4 Rezoning Resolution; 2) That ERL execute and deliver to City the Agreement for Issuance of Amended Conditional Use Permit attached as Exhibit A to this Resolution; and 3) That the Agreement for Issuance of an Amended Conditional Use Permit becomes effective pursuant to its terms. DECISION ON LICENSE The City Council of the City of Elk River further makes the following Decision with respect to the request for a License to operate a Solid Waste Facility on 31.8 acres of the Tiller Property: A. All of the reports and materials prepared by City Staff and City Consultants, as well as the Findings of Fact and Recitals set forth in the Land Use Resolution and the Rezoning Resolution, are hereby adopted and incorporated within the City Council's decision on this matter B. The record in this matter shall include all materials submitted to the City and presented to the Planning Commission and City Council, including those materials presented in the staff reports, by the City staff and by the City's consultants, and all materials and testimony submitted by or on behalf of ERL, WMI, Tiller and their consultants, and all testimony received from the public as of the date of this resolution. C. Based on all of the above, the request for a license to operate a Solid Waste Facility is approved, subject to the following conditions: 1) That the land use plan amendment, rezoning and conditional use permit approval all become effective as provided in The Land Use Resolution, Rezoning Resolution and this Resolution; 2) That ERL execute and deliver to City the License Agreement 5 attached as Exhibit B to this Resolution; and 3) That the License Agreement becomes effective pursuant to its terms. THIS RESOLUTION PASSED AND ADOPTED this 19th day of September, 2011. John J. Dietz, Mayor Tina Allard, City Clerk GP:3041146 v2 6 CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF AMENDED CONDITIONAL USE PERMIT THIS AGREEMENT, approved on the 19th day of September, 2011 and effective as provided herein, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation, (the "City"), and ELK RIVER LANDFILL, INC., a Minnesota corporation (the "Permittee"), which is a wholly owned subsidiary of Waste Management, Inc. a Delaware corporation, provides as follows: RECITALS WHEREAS, Permittee owns the real property described on Exhibit A attached hereto (the "Landfill Property"), situated in the City of Elk River; and WHEREAS, Permittee currently operates a mixed municipal solid waste ("MSW") landfill (the "Landfill") on a portion of the Landfill Property pursuant to an amended conditional use permit dated February 16, 2010 (the "Existing CUP"); and WHEREAS, Permittee applied on June 27, 2011 for an amendment of the Existing CUP to allow fora 31.8 acre expansion of the Landfill; and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on the request to amend the Existing CUP, at which hearings all citizens of the City of Elk River and other interested parties have been properly notified and have had the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that Permittee is hereby granted an amended conditional use permit (the "Permit") for landfill and related operations on the Landfill Property, subject to the terms, conditions and qualifications hereinafter stated, to wit: AGREEMENT 1.) Incorporation by Reference. The above Recitals are incorporated by reference.. 2.) Scope and Conduct of Landfill Operations. The operation of a MSW landfill may be conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Sherburne County (the "County") and the Minnesota Pollution Control Agency (the "MPCA"), and in accordance with the authorization, conditions and limitations contained in this Permit and in: (O1) the current City Solid Waste Facility ("SWF") License issued to Permittee, as approved on September 19, 2011, and as subsequently amended or modified (the "City License"); and (02) the current MPCA Solid Waste Permit No. 74 (the "State License") issued to Permittee; and (03) the current County Solid Waste Landfill License (the "County License") issued to Permittee. 3.) Additional Expansion of Landfill Prohibited. This Permit authorizes the expansion of landfill activities onto 31.8 acres to allow an additional 27.2 acres of MSW fill area. By accepting and executing this Permit, Permittee agrees to comply with the design of the expansion approved herein, and Permittee agrees to forever waive its right to pursue any further landfill expansion within the City beyond the area describe in Exhibit A hereto. 4.) Conditions Agreed To. This Permit imposes those conditions which the City has determined are reasonably necessary to fully mitigate the adverse effects on the City of the Landfill and its expansion. By accepting and executing this Permit, Permittee agrees that the conditions imposed herein are necessary to fully mitigate the adverse impacts of the Landfill and its expansion, and Permittee agrees to comply with each of the conditions set forth herein. 5.) Expansion Fee. Permittee shall pay to the City an expansion fee (Expansion Fee) of $3.33 per ton of MSW disposed of at the Landfill from January 1, 2011 through June 30, 2015 and $5.00 per ton of MSW disposed of at the Landfill from July 1, 2015 through December 31, 2030. sThe Expansion Fee shall not be paid on MSW that is residue received from any energy and resource recovery facility with at least 85 percent efficiency or alternative daily cover approved pursuant to the Permittee's Industrial Solid Waste Management Plan. MSW within this exemption is "Exempt MSW." All other MSW is "Non-Exempt MSW." The Expansion Fee applies to all Non-Exempt MSW disposed of at the Landfill. The parties' 2003 Host Community Agreement is rescinded. The Expansion Fee shall be paid directly to the City on a monthly basis and shall be accompanied by an accurate report on the amount and type ofNon-Exempt MSW disposed of in the Landfill each day during the month. The Expansion Fee due for each month shall be received by the City no later than the thirtieth (30th) calendar day of the succeeding month. CU 11-12 RH Page 2 The parties agree that the Expansion Fee shall be the only fee charged by the City for the Non- Exempt MSW disposal at the Landfill. However, the Landfill shall remain responsible for all other applicable and customary fees, including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, platting and subdivision fees, including park dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable fees. Any increase or decrease in the amount of the Expansion Fee must be in writing and must be executed by Permittee and the City. The Expansion Fee revenues may be used by the City for any lawful public purpose, including general fund purposes. The parties agree that the City has statutory authority to impose abatement fees on the Landfill and has done so in the past. However, that authority maybe subject to legal challenge and is subject to legislative scrutiny and alteration. Therefore, the City agrees, for so long as Permittee makes timely payment of the Expansion Fee, to waive its rights to impose such fees and to accept, in lieu thereof, the Expansion Fee described in this Agreement. If the City shall be required by law to collect from Permittee an abatement fee or similar landfill fee in addition to the Expansion Fee, then the Expansion Fee due and owing to the City shall be reduced by an amount equal to the amount of such required abatement fee collected by the City. The Expansion Fee is in lieu of the statutory landfill abatement fee for the disposal ofNon-Exempt MSW only. All other fees applicable to the Landfill (including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, planning and subdivision fees, including park dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable fees) shall remain in effect and applicable to the Landfill. 6.) MPCA Permit. Permittee's current MPCA permit, SW-74, authorizes a 68.8-acre expansion of the Landfill. This Permit will become invalid if Permittee has failed to submit by April 1, 2012 a MPCA permit amendment consistent with the scope of the expansion approved in this Permit. 7.) Scope and Conduct of Related Operations. (O1) RecYcling_Center. This Permit authorizes a recycling center on the Landfill Property. The operation of a recycling center on the Landfill Property may be conducted if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state and county laws and regulations. CU tt-t21~tt Page 3 (b) The recycling center shall be located and operated as shown on plans submitted by Permittee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, provided that Permittee's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Permittee. Operation of the recycling center by a different operator shall require the prior written approval of City staff, which will not be unreasonably withheld. Any different operator of the recycling center must comply with all of the terms and conditions of this Permit. (d) Permittee shall place appropriate signage on the Landfill Property to direct citizens to the location of the recycling center. (e) Used oil recycling areas shall be within an enclosed building with an impermeable floor and containment area, as approved by City staff. (f) Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as approved by City staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. (h) Permittee shall have a regular schedule for appliance pick-up, to be approved by City staff. (02) Yard Waste Composting. This Permit authorizes a yard waste composting operation on the Landfill Property. The operation of a yard waste composting facility on the Landfill Property within the City limits may be conducted if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state and county laws and regulations. (b) The yard waste composting facility shall be located and operated as shown on plans submitted by Permittee and approved by City staff. (c) All plastics shall be removed from yard waste brought to the facility before composting. (d) All MSW must be immediately removed from yard waste and landfilled. (e) The yard waste composting facility must be operated in such a manner as to keep odors to a minimum. If odor becomes a problem, then City staff may require more CU 1i-12RH Page 4 frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quickly as possible. (f) The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year, unless the City Council amends this Permit to provide otherwise. (g) Positive drainage away from the compost area must be implemented, as approved by City staff. (h) Yard waste and /or compost may not be used as daily cover for the Landfill. (i) That Permittee is in strict compliance with all other terms, conditions and requirements of this Conditional Use Permit, including specifically, but not limited to, the operational and environmental monitoring requirements of this Permit and the requirements to make prompt payment of all fees and costs due to the City. No yard waste may be accepted at the yard waste composting facility if this condition is not complied with. Permittee must immediately stop accepting yard waste upon written notice from the City that there is a violation of this condition. (03) Methane Gas Plant. This Permit authorizes a second methane gas plant on the Landfill Property. Development of such a second plant shall be subject to approval by the City Council through amendment of the City License for the Landfill. Permittee, the City, and Elk River Municipal Utilities agree to negotiate in good faith with each other regarding the development, ownership and operation of a second methane gas plant. (04) Household Hazardous Waste (HHW) Drop-off Facility. This Permit authorizes a HHW drop-off facility on the Landfill Property. Development of such a facility shall be subject to approval by the City Council through amendment of the City License for the Landfill. Permittee, the City, and County agree to negotiate in good faith with each other regarding the development, ownership and operation of such a facility. (OS) Other Related Operations. Other than government-directed corrective actions, or environmental enhancements to landfill operations authorized in the City License or an amendment thereto, no other operations or activities, whether or not related to Landfill, shall be permitted or allowed on the Landfill Property unless this Permit is first amended to specifically allow such operations and to specify the applicable conditions, except mining activities or other operations licensed or permitted separately by City. 8.) Buffering and Screening. Except for monitoring wells or necessary stormwater infrastructure in locations specifically approved in the City License,the Landfill and all infrastructure and activities related to the landfill operations located within the City, including a 200-foot buffer, shall be located within the Landfill Property. Visual screening of the Landfill (except for the berm along 221St Avenue) shall occur within the 200-foot buffer, which must be fully vegetated with a variety of types of trees as approved by City Staff. Permittee shall submit for City Staff approval a screening plan for each cell, beginning with Cell 17, prior to the start of construction on the next cell. Construction of the subsequent cell shall not begin until the CU_11-12 RH Page 5 screening plan for the prior cell is approved. In addition, a screened berm along 221st Avenue shall be installed in compliance with the Tiller CUP approved August 15, 2011, in Case No. CU 11-13. 9.) Maximum Elevation. The entire Landfill shall have a final elevation of no more than 1,120 feet above MSL, including final cover. 10.) Closure. Permittee shall permanently stop accepting waste for disposal in the Landfill, and close landfill operations within the City to the public, no later than December 31, 2030. No waste shall be disposed of at the Landfill within the City after that date, or when the airspace capacity permitted in this Permit is reached, whichever occurs first. Closure construction, including the completion of final cover, shall be completed by December 31, 2031, unless the City approves an amendment to the City License allowing a later completion date for closure construction for the northernmost cell of the Landfill. Within six (6) months of a written demand by the City, and in no event later than the date projected for cessation of waste disposal, Permittee shall submit to the City for approval an updated Closure and Post-closure Plan for the Landfill. Permittee shall maintain in full force and effect all financial assurance required to be maintained by City, county, state and federal law in order to assure completion, closure and post-closure care and maintenance of the Landfill as required by law. 11.) End Use Plan. Prior to closure of the Landfill, City and Permittee will attempt in good faith to mutually determine an appropriate end use for the portion of the Landfill within City and decide whether an end use plan will be required to implement this use. In the interim, Permittee will establish and maintain sustained vegetative growth and adequate vegetation cover upon the closure of each phase of the Landfill. This Permit does not obligate the Permittee to apply for or City to approve of a particular end use plan. 12.) Restrictive Covenant. A restrictive covenant shall be placed on those portions of the Landfill Property which Permittee is acquiring for this expansion, except for those areas that would become available under the approvals referenced in this Permit for the disposal of MSW. The restricted area would consist of the non-disposal areas including, among other areas, the buffer areas and any sedimentation ponds. The restrictive covenant will prevent the future use of the subject areas for the disposal of waste under any circumstances. 13.) Public Access to Western Trail. Subject to the appropriate agreements from Township and County, Permittee agrees to allow public access on the trail through the old railroad path on its property immediately north of the City's limits (in Township), as needed to connect the trail west of its property in the City to a future path north of the City. In addition, Permittee agrees to work in good faith with the City regarding a potential future connection between the existing trail on the old railroad path immediately west of the Landfill Property to existing trails further west, at no material cost to Permittee. In return, City agrees to issue to Permittee the necessary easement for the stormwater infrastructure across the trail 14.) Operational Requirements. Operation of the Landfill shall be governed by the City License. The requirements of the City License (including any amendment or modifications thereto) are hereby incorporated into this Permit as necessary conditions and failure to comply CU_11-12 RH Page 6 with the conditions and requirements of the City License shall be cause for revocation of this Permit. 15.) Insurance and Bonding. Permittee shall provide such insurance, including workers compensation insurance, and bonding as required in the City License. 16.) Applicability of Conditional Use Permit. Except as specifically provided otherwise in this Permit, this Permit shall apply to the property described on Exhibit A ttached hereto. This Permit shall run with the real property and apply to Permittee and its successors and assigns. 17.) Permit Period. (01) This Permit shall not. become effective until: (a) Permittee has provided City with written documentation of Permittee's ownership interest in all of the real property described on Exhibit A, attached hereto; (b) Permittee has executed this Agreement for Issuance of Amended Conditional Use Permit; and (c) Permittee has executed a stipulation for dismissal of the case filed in Sherburne County District Court, now known as ERL I; the Appellants have withdrawn their appeals to the Minnesota Court of Appeals in the matters known at ERL I, II and IV; and all parties to the ERL I, II, III and IV litigation have executed mutual releases of all claims arising from that litigation. (02) Once effective, this Permit shall be in force and effect for so long as the conditions set forth herein are complied with, unless and until suspended or revoked as provided herein. (03) Until this Permit becomes effective, the Existing CUP for the Landfill shall remain in effect and no Landfill activities shall be permitted on any land not covered by the Existing CUP. The Existing CUP shall automatically terminate on the date that this Permit becomes effective. 18.) Violation of Conditions. If the Permittee or its successors or assigns violates any term or condition imposed by this Permit, or any solid waste facilities license issued for operation of the Landfill, this Permit may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, permit or license condition imposed by lawful governmental authority and governing operations on the Landfill Property is grounds for suspension, revocation or termination of this Conditional Use Permit. The change, alteration, or amendment of any such statute, regulation, ordinance, permit or license condition by any governmental authority other than the City shall not excuse the Permittee from compliance with statutes, regulations, ordinances, permit or license conditions in effect on the date of the original issuance of this Permit, unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions. CU_11-12 RH Page 7 19.) Documents, Reports, and Maps. Electronic copies of all of Permittee's transmittals to the MPCA or to the County regarding the Landfill shall also be supplied to the City at the same time. 20.) Charges and Fees. Permittee agrees to pay to the City the City's reasonable costs incurred in the future for administering, enforcing, modifying and amending this Permit, as follows: (O1) Permittee shall pay one hundred percent (100%) of the City's costs for processing renewals, amendments or proposed amendments to this Permit; and (02) Permittee shall pay one hundred percent (100%) of the City's costs for administering and enforcing the terms of this Permit, including costs for reviewing Permittee's compliance with the terms and conditions of this Permit, costs for bringing Permittee into compliance with the terms and conditions of this Permit (including legal costs); and City costs incurred for review of Permittee initiated requests such as "co-disposal" approvals, etc. (03) Permittee and the City agree that, on an annual basis, they will work together to establish an annual budget reflecting, for the upcoming year, both (A) anticipated renewals, amendments or proposed amendments to this Permit or to the City License, and other anticipated occasions for the administration or enforcement of the terms of the Permit or the City License, and (B) the anticipated costs to the City that would-arise from those activities. Permittee agrees to maintain an escrow for the budgeted year based upon that budget. Both the budgeted amount, and the size of the escrow, are subject to change based on circumstances that were not anticipated by the parties at the time of budgeting, including but not limited to the costs of responding to incidents, or otherwise by agreement of the parties. 21.) On-Site Inspection. The City may inspect the Landfill Site for the purposes of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and otherwise obtaining necessary information pertaining to the construction, operation, and environmental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will notify personnel at the landfill office at the time of inspection. Permittee shall promptly notify the City of the name of an authorized person to be notified and provide access to the Landfill in case of emergency. The City shall be notified by Permittee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of the hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this Permit. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City staff to Permittee. This letter may be revised or supplemented by City staff from time to time as necessary to address the City's needs for notification. 22.) Indemnity. Permittee shall indemnify, defend, and hold the City harmless from all claims, demands, and/or actions, legal and/or equitable arising from the operation of the Landfill. In the event that such claim, demand, or action arises from the negligence of the City, then Permittee's indemnification obligation shall be reduced in proportion to the City's negligence as determined CU ll-12 RH Page 8 by a trier of fact. Nothing in this provision shall constitute a waiver of defenses or immunities of Permittee or the City, or create any duty to any third party. . 23.) .Right to Require Performance. The failure of the City, at any time, to require performance by Permittee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 24.) Severability. If any provision of this Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 25.) Amendment. This Permit shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 26.) Conflicts. In any cases in which Permittee believes there is an irreconcilable conflict between the requirements of this Permit and laws, rules, regulations, or order of any other governmental authority, Permittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Permit. Until such time as the City acts upon a request for an amendment to this Permit, which it may grant or deny in its sole discretion, the terms of this Permit shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Permit Holder and any requirements of state for federal law. The City shall not unreasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent violation of the law. 27.) Modification Su~ension, or Revocation of Permit. The violation of any of the terms of this Permit may result in suspension or revocation hereof. Furthermore, the City specifically reserves the right, and Permittee agrees, that this Permit may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, welfare, and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safety, welfare, or the environment in jeopardy. Such information includes, but is not limited to the following: (01) A determination that the leachate generated at the Landfill is migrating to surface or ground waters in a way that threatens the public health, safety, or general welfare (other than as indicated in the permit application). (02) A determination that recommended health advisory levels or intervention levels for drinking water (whether promulgated as of the date of this Permit or at a later date, by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in ground waters or surface waters) are being violated as a result of Landfill operations (other than as indicated in the permit application). CU_l 1-12 RH Page 9 (03) A determination that the emission of landfill gas on or adjacent to the Landfill Property is creating or threatens to create a health or safety hazard to the community. Without limiting the forgoing, the City reserves the right to amend this Permit to impose upon Permittee the obligation to comply with any state or federal law or regulation relating to the operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation or amendment of this Permit may be ordered only after a public hearing on such suspension, revocation or amendment, preceded by thirty (30) days' written notice to Permittee. Notice of hearing shall include a statement of the proposed action by the City and the reasons therefore. THE CITY OF ELK RIVER: ATTEST: By: John J. Dietz Its: Mayor By: ELK RIVER LANDFILL, INC. By: Mike Fleming Its: Vice President Tina Allard Its: City Clerk CU_tt-t2lu-~ Page 10 STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2011, by John J. Dietz, the Mayor of the City of Elk River, on behalf of the City of Elk River. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2011, by Tina Allard, the City Clerk of the City of Elk River, on behalf of the City of Elk River. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2011, by Mike Fleming, Vice President, Elk River Landfill, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gray, Plant, Mooty, Mooty & Bennett 500 IDS Center 80 South 8thStreet Minneapolis, Minnesota 55402 CU ll-12 RH Page 11 Briggs & Morgan 2200 IDS Center 80 South 8th Street Minneapolis, Minnesota 55402 CU_l 1-12 RH Page 12 EXHIBIT A That part of the NW '/4 of Section 3, Township 33, Range 261ying west of U.S. Highway 169; and That part of the SW '/4 of Section 3, Township 33, Range 261ying west of U.S. Highway 169 and north of a line 525 feet south of and parallel to the north line of said S W '/4; and That part of the NE'/a of Section 4, Township 33, Range 261ying east of the Great Northern Railway; and That part of the SE'/4 of Section 4, Township 33, Range 26 lying east of the Great Northern Railway and north of a line 525 feet south of and parallel to the north line of said SE '/4, Sherburne County, Minnesota; and That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, MN lying south of the South line of the North 525.00 ft. thereof, and lying west of U.S. Highway No. 169; and that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, said county, lying south of the South line of the North 525.00 ft. thereof, and lying east of the former Great Northern Railroad, all lying north of the following described line: Beginning at the intersection of said South line of the North 525.00 ft. with the West right of way line of U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said South line of the North 525.00 ft. of said Southwest Quarter bears South 89 degrees 47 minutes 13 seconds East, a distance of 633.89 ft.; thence North 90 degrees 00 minutes 00 seconds West, a distance of 2394.80 ft. to intersect the easterly right of way line of said former Great Northern Railroad. EXCEPT that part lying southeasterly of a 285.00 foot radius curve, concave to the northwest, and tangent to said West right of way line of said U.S. Highway No. 169 and the above described line; AND EXCEPT that part lying southwesterly of a 280.00 foot radius curve, concave to the northeast, and tangent to said easterly right of way line of said former Great Northern Railroad and the above described line. GP:3036500 v2 CU_l 1-12 RH Page 13 CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE AGREEMENT THIS LICENSE, approved this 19th day of September, 2011, and effective as provided herein, issued by the CITY OF ELK RIVER, a Minnesota municipal corporation (the "City"), and accepted and agreed to by ELK RIVER LANDFILL, INC., a Minnesota corporation (the "Licensee"), which is a wholly owned subsidiary of Waste Management, Inc., a Delaware Corporation. WHEREAS, Licensee made application to the City in 1988 for the issuance of a solid waste facilities license, pursuant to the Elk River Code of Ordinances, for the operation of a mixed municipal solid waste ("MSW") sanitary landfill (the "Landfill") in the City; ;and WHEREAS, the City Council directed the issuance of a solid waste facilities license (the "Existing License") to Licensee conditioned upon compliance with the conditions set forth in the October 3, 1988 License Agreement; and WHEREAS, the Existing License has subsequently been amended and renewed, with the most recent renewal occurring on February 16, 2010; and WHEREAS, Licensee applied on June 27, 2011 for an amended solid waste facility license for the Landfill; and WHEREAS, the City Council of the City of Elk River has held a hearing on the proposed amended solid waste facility license, at which hearing all citizens of the City of Elk River and other interested persons had the opportunity to be heard, following published notice of the hearing. NOW, THEREFORE, the City grants to the Licensee, and the Licensee accepts, an amended solid waste facilities license (the "Licensee") for the operation of the Landfill and related activities on the real property described on Exhibit A attached hereto (the "Landfill Property") subject to the terms, conditions and qualifications hereinafter stated, to wit: 1.) Significant Persons. The person responsible for actual operation and maintenance of the Landfill, to whom communications concerning this License should be addressed, is Debra Walters in her capacity as District Manager of Elk River Landfill, Inc. (ERL), whose address is 22460 Highway 169 NW, Elk River, MN 55330. ERL is a Minnesota corporation, whose registered address is 22460 Highway 169 NW, Elk River, MN 55330. ERL, is a subsidiary of Waste Management, a Delaware corporation, whose address is 1001 Fannin, Suite 4000, Houston, Texas 77002. The following information shall be provided to the local fire and police departments as well as the Sheriff: Debra Walters, District Manager 22460 Highway 169 NW Elk River, MN 55330 Work: 441-2464, fax: 441-2025 Mobile: (612) 270-2942 Mike Fleming Vice-President Waste Management W132 N10487 Grant Drive Germantown, WI 63022 (W) (262) 250-8702 Fax (262) 251-0240 2.) Applicability of License. This License shall apply to the property described on Exhibit A attached hereto. 3.) License Period. This License shall take effect on the date that Licensee's CUP to expand the Landfill, approved on September 19, 2011, takes effect, and shall be in force and effect until September 19, 2012, unless earlier suspended or revoked as provided herein. This License shall automatically terminate if Licensee's conditional use permit to operate the Landfill is revoked. 4.) Scope and Conduct of Landfill Operations. The operation of a solid waste sanitary landfill may be conducted on the Landfill Property in conformance with the existing and future statutory and regulatory authority and requirements of the City, Sherburne County (the "County") and the Minnesota Pollution Control Agency (the "MPCA"), and in accordance with the authorization and limitations contained in this License and: (01) the amended conditional use permit for the Landfill (the "CUP") approved by the City on September 19, 2011. This License shall be valid only for so long as the CUP is valid and in effect. (02) the current MPCA Solid Waste Permit No. 74 (the "State License"), issued to Licensee. This License shall become invalid if Licensee has failed to submit by April 1, 2012 an application for amendment to MPCA Solid Waste Permit No. 74 consistent with the scope of the expansion approved in the CUP. (03) the current Sherburne County Solid Waste Landfill License (the "County License") issued to Licensee. (04) "New Recycling Facility Design Report and Operations Manual", January, 1991. 2 (OS) "MSW Operations Manual", September 1999, revised June 2001, February 2004, as it applies to the Landfill Property described on Exhibit A. (06) "Household Hazardous Waste Management Flan", June 15, 1992. (07) NSPS Design Plan, January 2006 and Title V Air Permit, June 22, 2009 as updated/revised as it applies to the Landfill Property described on Exhibit A. (08) "Leachate Recirculation Permit Application", July 2009 as it applies to the Landfill Property described on Exhibit A. (9) Closure, Postclosure and Contingency Action Plan for the MSW Area", February 2004 as update/revised, as it applies to the Landfill Property described on Exhibit A. (10) "Stormwater Pollution Prevention Plan", May 2010 or as updated/revised. (11) "Construction Quality Assurance Program", February 2004, as it applies to the Landfill Property described on Exhibit A. (12) "Phase IV Water Quality Monitoring Work Plan" (Revision #3) February 2002 as updated/modified. (13) "Sampling and Analysis Plan", January 2011 or as updated/modified. (14) "2010 Annual Report", January 2011 or as updated annually. (15) "2010 Water Quality Report", February 2011 or as updated annually. (16) "Long-Term Development Plan", March 1997, and as revised on April 15, 1997 to include a maximum final elevation of 1120 feet MSL. (17) "Industrial Solid Waste Management Plan", April 2008, as it applies to the Landfill Property described on Exhibit A. Any changes made to the above described plans, reports, MPCA Solid Waste Permit No. 74 and for the County License shall also be reviewed and approved, approved with modification, or disapproved by the City. Minor modifications shall be reviewed by City staff. Major modifications shall be reviewed by the City Council. The City may not unreasonably disapprove or unreasonably require modifications. The City may also make reasonable modifications to the conditions of the License based upon a submittal from the Licensee. The City shall respond to Licensee submittals on a timely basis, which shall be no later than formal MPCA time lines for review and comment for concurrent submittals. 5.) Scope and Conduct of Related Operations. 3 (01) Recce lin Cg_enter. The operation of a recycling center on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code or Ordinances and all applicable federal, state, and county laws and regulations. (b) The recycling center shall be located and operated as shown on plans submitted by Licensee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, provided that Licensee's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Licensee. Operation of the recycling center by a different operator shall require the prior written approval of City staff. Any different operator of the recycling center must comply with all of the terms and conditions of this License. (d) Licensee shall place appropriate signage on the Landfill Property to direct citizens to the location of the recycling center. (e) Used oil recycling areas shall be within an enclosed building with an impermeable floor and containment area, as approved by staff. (f) Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as approved by staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. (h) Licensee shall have a regular schedule for appliance pick-up, to be approved by City Staff. (02) Yard Waste Composting. The operation of a yard waste composting facility on the Landfill Property within the City limits may be conducted, if in conformance with all applicable terms and conditions of this License, subject to the following conditions: (a) The operation of the- yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of 4 Ordinances and all applicable federal, state, and county laws and regulations. (b) The yard composting facility shall be located and operated as shown on plans submitted by Licensee and approved by City staff. (c) All plastics shall be removed from yard waste brought to the facility before composting. (d) All municipal solid waste must be immediately removed from yard waste and landfilled. (e) The yard waste composting facility must be operated in such a manner as to keep odors to a minimum. If odor becomes a problem staff may require more frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quickly as possible. (f) The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year. (g) Positive drainage away from the compost area must be implemented, as approved by City staff. (h) Yard waste and/or compost may not be used as daily cover for the landfill. (i) That Licensee is in strict compliance with all other terms, conditions and requirements of this License, including specifically, but not limited to, the operational requirements, performance standards and environmental monitoring requirements of sections .4,6,7, and 8; and the requirement of sections 17 and 25 to make prompt payment of all fees due to the City. No yard waste may be accepted at the yard waste composting facility if this condition is not complied with. Licensee must immediately stop accepting yard waste upon written notice from the City that there is a violation of this condition. (03) Methane Gas Plant. Upon an application from the Licensee, this License may be amended by the City to provide for the development and operation of a second methane gas plant on the Landfill Property. (04) Household Hazardous Waste (HHW Drop-Off Facility. Upon an application from the Licensee, this License may be amended by the City to provide for the development and operation of a HHW drop facility on the Landfill Property. (OS) Other Related Operations. Other than currently-existing operations and future government-directed corrective actions on the Landfill Property, no other operations or activities, whether or not related to the Landfill, shall be permitted or allowed on the Landfill Property unless this License is first amended to specifically allow such operations and to specify the applicable conditions, except mining activities or other operations licensed or permitted separately by the City. No Landfill-related operations or activities shall occur outside of the Landfill Property, other than the monitoring wells and surface water management infrastructure identified on Exhibit B, attached hereto. 6.) Charges and Fees. (O1) Expansion Fee. License shall pay the City the Expansion Fee as provided for in the CUP approved on September 19, 2011. (02) Annual Fee. License agreesto pay the City upon the amendment and renewal of this License, $2,000. Thereafter, Licensee shall pay the City an annual License Fee of $2,000. (03) Charges. Licensee agrees to pay to the City the City's reasonable costs for administering, enforcing, modifying and amending this License as follows: (a) Licensee shall pay one hundred percent (100%) of the City's costs for processing renewals, amendments or proposed amendments to this License; (b) Licensee shall pay one hundred percent (100%) of the City's costs for administering and enforcing the terms of this License, including costs for reviewing Licensee's compliance with the terms and conditions of this License, costs for bringing Licensee into compliance with the terms and conditions of this License (including legal costs); and City costs incurred for review of Licensee initiated requests such as "co-disposal" approvals, etc. (c) Licensee and the City agree that, on an annual basis, they will work together to establish an annual budget reflecting, for the upcoming year, both (A) anticipated renewals, amendments or proposed amendments to Licensee's Conditional Use Permit ("CUP") or to this License, and other anticipated occasions for the administration or enforcement of the terms of the CUP or this License, and (B) the anticipated costs to the City that would arise from those activities. Licensee agrees to maintain an escrow for the budgeted year based upon that budget. Both the budgeted amount, and the size of the escrow, are subject to change based on circumstances that were not anticipated by the parties at the time of 6 budgeting, including but not limited to the costs of responding to incidents, or otherwise by agreement of the parties. 7.) Buffering~and Screening. Licensee shall provide buffering and screening as required by the CUP approved on September 19, 2011. 8.) Closure and End Use Plan. Prior to closure of the Landfill, City and Licensee will attempt in good faith to mutually determine an appropriate end use for the portion of the Landfill within City and decide whether an end use plan will be required to implement this use. In the interim, Licensee will establish and maintain sustained vegetative growth and adequate vegetation cover upon the closure of each phase of the Landfill. This Permit does not obligate the Licensee to apply for or City to approve of a particular end use plan. 9.) ~ecific Additional Requirements. (O1) Leachate and LFG Condensate Transmission Pipes. Leachate and LFG condensate transmission pipes shall be designed to ensure that double containment and adequate leak detection exists as approved by the MPCA, County and City. Licensee shall verify to the City every four (4) years that the existing leachate transmission pipes do not leak. (02) Backup Leachate Pumps. Licensee shall maintain backup pumps for use in the event of pump failure at the leachate sump, wet well and/or leachate storage tank on-site. As an alternative, the licensee shall maintain provisions for restoring temporary leachate pumping within a 24-hour period and adhere to the current "Leachate Management Plan" as approved by MPCA. (03) Leachate Holding Tank. Licensee shall ensure that the leachate holding tank is pumped out on a regular schedule. It is a violation of this License to allow leachate to collect on the liner to a depth exceeding one foot due to the leachate holding tank being full. (04) Leachate Recirculation. The Licensee may conduct Leachate Recirculation pursuant to MPCA, County and City regulations. In the event that operational problems occur from the leachate recirculation, the Licensee shall immediately cease leachate recirculation and revert to prior method of leachate management unless and until another remedy for the problem is approved by the City. Leachate recirculation will greatly increase the amount of landfill gas that will be generated from the landfill. The primary concerns relate to landfill gas collection and the prevention of fugitive gas emissions and odors. (a) Temporary final cover is proposed as an element of the September 2008 "Leachate Recirculation Permit Application" proposal. ERL has committed to implementing temporary final cover and will 7 provide a summary of related activities in the annual operating report. (b) ERL has proposed that the leachate cleanout risers will be perforated along a portion of the sideslope. ERL has committed to conduct active extraction from cleanout risers. (c) There have been a number of leachate seeps which have occurred in recent years. Documentation on the precise location of seeps has not been developed. This information is critical in potential problem resolution during later stages of landfill operation. The documentation of the seeps must include an approximate coordinate position with an elevation. This would also enable a more useful evaluation of the potential relationship with the leachate recirculation system. (d) Leachate head shall not exceed a maximum of 12 inches for any area of the liner. The Landfill shall monitor leachate head levels weekly and submit results to the City annually. (OS) Gas Collection and Monitoring System. Licensee shall conduct active landfill gas collection in accordance with approved plans and shall construct additional phases of the active gas control system during site operation and at the time of final cover construction. Optimal gas collection system design and operation is necessary to control and reduce the impact of odors from the Site. (a) Operation of the Active Gas Collection System shall be managed to mitigate landfill gas migration and ongoing ground water contamination from the unlined portion of the Landfill. (b) ERL shall provide additional design features to reduce the potential of fugitive emissions in the vicinity of landfill liner transition berm; (c) ERL has proposed that the leachate cleanout risers will be perforated along a portion of the sideslope. ERL has committed to conducting active extraction from cleanout risers. (d) Significant positive pressure readings for gas probes have been indicated over the past several years. This condition may indicate landfill gas migration beyond the waste boundaries. In order to fully evaluate this situation, the landfill must collect and report landfill gas concentration and pressure for each probe where detectable levels of landfill gas are present. The landfill must also collect temperature and barometric pressure for the site at the time 8 of the monitoring event. All gas probe monitoring data must be fully evaluated in the annual operating report. (e) The current air monitoring for landfill gas emissions field survey is only conducted for the topslope area and accounts for roughly 20 percent of the fill area. There is a higher likelihood that emissions will occur on the sideslope based on the horizontal stratification of the waste and preferred movement of landfill gas. ERL must submit a modified Ambient Air Monitoring Plan to include sideslope and topslope areas that can be safely traversed at the time of the monitoring event. If concentrations exceed 500 ppm explosive gas (calibrated to methane), corrective actions are required to amend the landfill cover to mitigate fugitive emissions. This requirement is important in identifying fugitive gas emissions/odors and ensuring that site conditions are corrected to mitigate their effects. (06) Phase IV Water Quality Monitoring Work Plan. The Phase IV Water Quality Monitoring Work Plan which describes the sampling frequency, parameters, protocols and reporting frequency for landfill gas, leachate, leachate piezometers, leachate lysimeters, residential wells, groundwater monitoring wells and surface water shall be assessed annually to reflect changes in the monitoring systems. The Work Plan shall yield adequate information for assessing the effectiveness of the landfill gas control system in decreasing VOC contaminants in the groundwater. (07) Annual Operating. Report. An Annual Operating Report shall be submitted with the following supplemental items. (a) Annual Waste Disposal Volume. (b) Schedule of construction activities for the forthcoming year. (c) Type andQuantity f Material Disposed. (d) Remaining permitted capacity (e) Updated, full-size, contour map which indicates the elevations of all fill areas (f) Assessment of the Financial Assurances Plan. (g) Evaluation of the Water Monitoring System and a proposal for continued sampling and analysis. 9 (h) Detailed evaluation of all water quality results by means of tables and graphs. (i) A groundwater contour map based on the previous years' groundwater level data. (j) Annually assess the effectiveness of active landfill gas control operations based on the results of groundwater and landfill gas monitoring and incorporate the evaluation in the MPCA Annual Report for the landfill. (k) The Annual Operating Report must include afull-sized engineering plan to fully illustrate all facility features reviewed in the annual report (landfill gas probes, monitoring wells, gas collection infrastructure, leachate recirculation infrastructure, etc). The Plan must identify permitted and remaining volumes (1) The Annual Operating Report typically includes information concerning the pressure jetting of the leachate collection system. ERL must provide a discussion of any major maintenance activities or corrective actions performed in the Annual Report. (m) ERL must provide a list of rejected waste loads and summary with the Annual Operating Report. A summary and analysis of random load inspections (as provided in section 4.2.1. of the Apri12008 Industrial Solid Waste Management Plan) must be provided with the Annual Operating Report. (08) Construction Quality Assurance The Construction Quality Assurance Program shall be amended to document compliance with MNDOT 3877.2B standards for sampling and testing of topsoil. A Construction Quality Assurance (CQA) Report shall be submitted to the City prior to the placement of waste on newly constructed lined areas. A CQA report shall also be submitted for Landfill areas which receive final cover. A CQA report shall also be submitted for installation of leachate recirculation drainfield areas to document position within the cell, suitable base contours and piping elevations. The report shall demonstrate that the work was completed to the plan specifications. The Report shall be certified by an engineer registered in the State of Minnesota and shall include but not be limited to: (a) All relevant construction specifications; (b) All shop drawings for prefabricated components; 10 (c) Photo documentation of all critical aspects of construction; (d) Deflection testing results for leachate collection and transmission pipes; (e) Narrative description of all as-built variances from the plans and/or specifications; (fl As-built cross-sections of the liner subgrade; (g) As-built elevations for all pipe inlets and outlets and pump- on/pump-off controls; (h) Completed manufacturer warranties; (i) All physical testing results for soils and other materials used in the construction ERL must prepare detailed record drawings/documents of recirculation drainfield construction, which are certified by an engineer. The drawings will include survey measurements of the drainfield areas to document position within the cell, suitable base contours and piping elevations. All construction must be fully documented. (9) Barrier Laver Construction Notification. Licensee shall notify the City at least two (2) days in advance of liner barrier layer installation or final cover barrier layer installation. Licensee shall assist the City in arranging inspection of the site at any reasonable time the City requests. The Licensee shall keep the City informed of ongoing construction progress and shall specifically notify the City of significant changes encountered in the geological, hydrological, or construction conditions. The City may reasonably require work, which is covered or otherwise obscured prior to City inspection, to be re-excavated for City inspection. (10) Temporary Fencing-On Site Litter Control. Litter control fences shall be maintained around the working area(s) of the landfill to prevent the blowing of paper or other litter on or off site. The Licensee shall assign employees to engage in a regular and routine program to inspect the Landfill Site and clean up areas where litter accumulates on the Landfill Site. (11) Permanent Fencing. Licensee shall maintain a minimum six-foot high fence around the perimeter of the Landfill property to address reasonable concerns regarding public safety, trespassing or uncontrolled dumping. (12) Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. 11 (13) Electrical Service. Adequate electrical service shall be provided at the site for operations and repairs. (14) Fire Fi hg tiny. Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines working in the Landfill, and a water truck shall be kept available on the site during the active life of the Landfill. The self-contained breathing apparatus for the City Fire Department shall be available for use by the Licensee on a temporary basis, as approved by the Fire Chief. Licensee shall make a landfill operator available at the request of the City Fire Chief to consult and advise the fire department about landfill fire fighting issues. (15) Safety Equipment. Emergency first aid equipment consisting of at least one first aid kit kept near the working face, and at least one shower on site available to all personnel and customers shall be supplied. At least one of every four landfill personnel shall be trained in first aid and CPR. (16) Water. A potable water supply shall be available for site personnel. (17) Storage. Adequate on-site shelter shall be provided for maintenance and storage sufficient to supply the equipment required by this section, during cold weather operations. (18) Vehicle Stacking Facilities. Adequate vehicle stacking facilities shall be provided to ensure that no vehicle desiring entry into the site shall have to wait outside the perimeter of the Landfill Property. (19) Communication. Adequate communication facilities shall be provided for emergency purposes. (20) Securit .Agate shall be provided at the entrance to the site and kept locked when an attendant is not on duty. (21) Haul Roads. All-weather haul roads shall be provided to the unloading area and maintained to prevent the occurrence of fugitive dust conditions. (22) Adequate Equipment. Adequate equipment shall be supplied capable of spreading and compacting the refuse as received. At least one machine capable of covering the working face, in its entirety at the end of the day, shall be supplied. (23) Information Display. Subject to approval by the City Council, the Licensee shall maintain at each entrance to the Landfill Property a sign stating the name of the facility, the schedule of days and hours the facility is open to the public, prices for use of the facility, the Minnesota Pollution Control Agency permit number a description in common terms of the substances which may be 12 disposed at the Landfill and those substances which may not be accepted for disposal and the penalties for nonconforming dumping. (24) Small-Load Dumpin Site. The Licensee shall, during all hours of operation, maintain and operate a separate suitable and safe disposal area for the dumping of small loads by pickup trucks, cars, and trailers. This separate site shall be located and operated with due regard for the nature of the vehicles bringing such loads, and the normal frequency of such dumping. (25) Oak Wilt Prevention. As a method to prevent oak wilt, Licensee shall not conduct any tree removal operations at the Landfill Property between April 15 and July 15 each year. In addition, oak stumps shall be removed prior to April 15 each year. When removing trees and stumps, Licensee shall prevent damage to remaining trees. (26) Alternative Cover. "Alternative Cover" shall be defined as any suitable clean cover material other than Clean Earth Fill. Alternative intermittent and intermediate cover material may be used if such cover material is suitable for compaction, capable of supporting vegetation, and meets MPCA standards set forth in MN Rule 7035.2815, subpart 6, and Elk River Landfill's Industrial Waste Management Plan. (27) Detailed En ineerin~ Plans for Site Construction. Detailed engineering plans and specification for construction of liner, final cover, surface water, landfill gas features, leachate management and other significant site improvements/infrastructure shall be provided to the City prior to initiating the work. Proposed modifications to the approved. plans shall be identified by the Licensee in a detailed narrative and approved by the City prior to initiating work. (a) Prior to construction approval of the final development of the site (cell 20), ERL shall provide an appropriate earthwork balance for construction and operation such that the amount of fill imported into the site is minimized to the extent possible. (b) ERL must provide details which show the transition from the buried pipe to the ground surface at the edge of the liner system and frost protection in areas where the depth of burial for leachate forcemain piping is less than standard. (c) The mining access road within the west buffer area and cells 18, 19 and 20 shall be constructed with the alignment shown in the August 18, 2011 plans. The Screening Plan for the Site will be modified to show screening for areas within the west buffer area for the existing Cell 17. Appropriate erosion control protection shall be provided for all buffer area slopes. 13 (g) The current storm water plans need to be amended to include provisions for erosion control in perimeter surface water channels. Rip rap and/or erosion control matting must to be added based on potential flow velocities for design storm events. Future construction plans will reflect the additional provisions for erosion control. (h) The surface water management system involves the construction of a storm sewer from the outlet of sedimentation pond, P-1 northerly to the Rice Lake wetland complex. A significant section of the storm will be constructed under the City-owned trail property. The applicant will be granted an easement from the City for this construction pursuant to the terms of the conditional use permit approved September 19, 2011, in the general location shown in Exhibit B. 10.) Off-Site Litter Control. The Licensee shall engage in a regular and routine litter maintenance and removal program extending one mile north and south of the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as may be determined by the City. Litter shall be removed from these areas not less than once per week and more often if necessary because of spills or complaints from neighboring property owners, and ensure that these areas are kept free of litter generated by truck traffic traveling to and from the Landfill. In addition, Licensee shall inspect all trucks leaving the Landfill to ensure that they are either fully enclosed or covered, and/or clean, and will not spread litter on surrounding streets and roadways as they leave. In the event that Licensee fails to remove litter within forty-eight (48) hours of notice of accumulation of litter by the City, the City may cause such litter to be removed. The City shall bill the cost of such removal to the Licensee, which shall remit payment within thirty (30) days of the date of such billing. 11). General Performance Standards. The Licensee shall comply with the following performance standards and operating requirements: (O1) Hazardous Wastes Prohibited. No Hazardous Wastes shall be disposed of in the Landfill. (02) Dangerous Wastes. No Dangerous Wastes (as defined in the Code of Ordinances for the City of Elk River) shall be disposed at the Landfill until a request to dispose of dangerous wastes has been submitted to the City as required by Chapter 604 of the City Code of Ordinances. The City shall respond to requests for permission to dispose dangerous wastes within fifteen (15) days from receipt of the request as appropriate. If a request to dispose of dangerous wastes is rejected by the City Environmental Administrator, or the City's authorized consultant/agent, the dangerous wastes may not be disposed at the Landfill. Licensee may propose advance approval of proposed disposal of dangerous 14 wastes by submitting to the City, for each waste, a statement identifying the waste type, generator name and address, volume, method of chemical analysis, chemical constituents, and disposal procedures proposed. This statement, and all requests to dispose of dangerous wastes, shall be submitted in the form required by the City. The City may deny permission to dispose of Dangerous Wastes at the Landfill for one or more of the following reasons: (a) In the City's sole discretion, it would not be in the best interests of the public health, safety or general welfare of the citizens of Elk River to allow disposal of said wastes; (b) In the City's sole discretion, disposal of said wastes would pose a threat to the environment. (c) Licensee and/or the operation of the Landfill is currently in violation of any of the terms, conditions, or requirements of this License including specifically, but not limited to, the operational requirements, performance standards and environmental monitoring requirements of Sections 4, 6, 7, and 8; and the requirements in Sections 17 and 25, to make prompt payment of all fees due the City. Licensee's "Industrial Solid Waste Management Plan", Apri12008 or as updated/revised shall be complied with in all respects, subject to specific requirements of this License, and may not be modified or amended without the City's prior written approval. (03) Incorporation of State Standards. The Landfill shall comply with the required practices for maintenance and operation of landfills set forth in Minnesota Rules Parts 7001.0010 to 7001.0210; 7001.3000 to 7001.3550 and 7035.0300 to 7035.2875. Changes or additions to the Minnesota Rules related to the Landfill are likewise incorporated. (04) Compliance With Zonin¢ Ordinance Performance Standards. The operation of the Landfill shall fully comply with the performance standards and other requirements of Chapter 30 of the Elk River City Code, including specifically Division 5, Subdivision V thereof relating to performance standards for industrial uses. (OS) Supervision. An attendant shall be on duty at the site at all times while it is open for public use. Unloading of refuse shall be continuously supervised at the working face of the landfill. (06) Operating Records. Accurate records of daily waste disposal operations shall be maintained. Intake of Solid Waste in tons or cubic yards shall be recorded 15 on a daily basis, in a manner acceptable to the City, and reported to the City on a monthly basis along with payment of the Expansion Fees required by Section 5 of the CUP approved September 19, 2011. The volume and location of the disposal of Dangerous Wastes shall be recorded the day such disposal takes place and shall include the amount and type of waste disposed of, and the name and address of the source of the waste. Waste disposal records shall be available during normal business hours, for review and inspection by the City. (07) Recording. A detailed description of the location of the completed Sanitary Landfill site shall be recorded with the County Register of Deeds within four months after approval of the closure of the landfill. This description shall include the general type and location of deposited Solid Waste, the location of phased or staged disposal of wastes, the type and number of lifts, original and final terrain descriptions, site hydrogeologic conditions, and other pertinent characteristics of the completed sanitary landfill site. (08) Education Program. The Licensee shall: (a) Make available to all landfill users, including haulers and their customers, information which describes in common terms what is permissible and impermissible to dispose at the landfill. (b) Continue to conduct an employee training program designed to assist employees in identifying impermissible waste materials and to prevent their disposal at the landfill. The training program shall be reviewed with City staff and recommendations to improve the program shall be incorporated to the extent feasible. (09) Hours of Operation. The landfill shall not be operated between 7:00 p.m. and 6:00 a.m. The landfill may accept waste during off hours only under the following circumstances: (a) The wastes have been tested and approved for disposal; (b) Acceptance is necessary during off hours because of extraordinary circumstances; (c) Each instance of off hour acceptance has received the prior approval of the City Environmental Administrator and such approval was granted during City business hours; and (d) Each instance of off hour acceptance is documented in a letter sent by the Landfill to the City Environmental Administrator within five business days of the instance off hour acceptance. 12.) Environmental Monitoring. 16 (01) On-site Groundwater. The Licensee shall perform on-site water quality testing at the monitoring wells in the manner required by the MPCA permit. The wells shall meet current Department of Health Well Code Standards. The Water Quality report shall be submitted to the City when it is submitted to the MPCA. Groundwater levels for well P310C have consistently shown elevations which are 3-5 feet higher than expected. The groundwater flow interpretations show radial flow from the well. The groundwater flow interpretation indicates ongoing anomalous water level conditions at P310C. This implies a localized radial flow or perched groundwater condition and the well screen is not intercepting groundwater which is downgradient from the waste fill area. Given the current water level data and groundwater flow interpretation, this well cannot function as a downgradient compliance point. ERL must rehabilitate well P310C or replace it with a suitable downgradient monitoring point in this vicinity. (02) Surface Water Quality. The Licensee shall have surface water quality tests performed in conjunction with sampling quarterly events when water is present. (03) Off-Site Groundwater Quality. The Licensee shall annually sample the individual private wells identified in the Phase IV Water Quality Monitoring Work Plan required by Section 4(05). (04) Lysimeters. The sampling and contingency action protocols for liner leaks shall be as outlined in the Phase IV Water Quality Monitoring Work Plan, revision #3 dated February 2003 as updated/revised. (OS) Modification. The testing programs specified in this Section 12 may be modified by City staff if City staff reasonably determines there exists a need for additional wells to be tested or additional parameters to be analyzed, based upon water or air quality test results indicating the presence of contamination. (06) Split Samples. The Licensee shall notify the City forty-eight (48) hours before any sampling of groundwater or surface water and allow the City at its expense to obtain split samples of such waters. 13.) Hydrogeol~ic Investi ag tion. The investigation of the hydrological and geophysical characteristics of the site shall be continued and any other new information relating to the hydrogeologic impact of the site shall be reported to the City. Hydrogeologic reports shall be updated, amended, and modified as warranted by newly discovered or additional data acquired in the continued hydrogeologic investigation. Licensee shall notify City at least two (2) days in advance of any soil boring or well construction required by this License. ERL has concluded that P304C area impacts are the result of landfill gas effects. This situation is similar to P-320 area where contaminants are observed 17 in deeper horizons of the outwash deposit. As previously noted the P304C well is screened 40-50 below the groundwater surface and located more than 500 feet from an unlined area of the landfill. Landfill gas effects are more common for water table wells in proximity to unlined landfill areas. The results for gas probe, GP-17 which is located directly adjacent to P304C, show no detectable levels of methane for monitoring conducted in recent years. Tetrahydrofuran and ethyl ether, which are signature parameters for leachate impacts for PC 17C, show increasing trends. The evidence for P304C indicates that leachate impacts are also occurring. P314C is located in a sidegradient orientation to P304C and the source area for groundwater at P314C may involve more extensive contamination. The screen position for nearby well P303C is roughly 20 feet in elevation above the screen elevation for P314C and may be missing potential contamination in the deeper portion of the outwash at this location. ERL must conduct additional contaminant investigation and monitoring in the vicinity of P304C, P320 and an area southeast of P314C. This approach is supported with emphasis on evaluating the deeper outwash. 14.) Dust, Noise. and Odor. Fugitive dust emissions off-site shall be controlled at the Landfill Site as necessary by undertaking the following: road surfaces within the Landfill Site shall be wetted with water or an appropriate chemical whenever off-site dust levels become unreasonable as determined by the City Environmental Administrator. Dust pollutives shall be utilized to the extent necessary on cover material such as stockpiles to reduce wind erosion as well as on other exposed surfaces as appropriate. Cover compaction and revegetation activities shall be undertaken promptly on the completion of various fill areas and vegetative cover capable of quick growth shall be utilized. Plantings of bushes and trees shall be installed if needed to buffer the Landfill Site and minimize wind erosion. All equipment and vehicles utilized at the Landfill Site shall be periodically inspected and maintained to minimize noise. Vegetative barriers along the boundaries of the Landfill Site shall be utilized to minimize off-site noise impacts. Applicable state standards for noise pollution may not be exceeded by the Landfill operation, equipment, vehicles, or machinery. Licensee agrees that it will use best management practices to control against odors. The Environmental Administrator may make recommendations regarding possible odor controls. If a verified odor problem is ongoing, both parties agree to institute good faith negotiations to minimize the odor problem. If in the event that the City receives ten or more complaints within asix-hour period relating to a single odor description and this odor complaint has been verified by both City and Licensee and identified as coming from the Facility, the Licensee shall cease such activity(s) that are the direct cause of the odor(s). Normal activity(s) shall not 18 resume until the Licensee has, to the satisfaction of the City, fully mitigated against such odor(s). 15.) Insurance. The Licensee shall secure and maintain insurance from an insurance company acceptable to the City and authorized to write casualty insurance in the State of Minnesota which will protect the Licensee, its agents and employees, and the City from claims for bodily injury, death, or property damage which may arise from the operations on the Landfill Site. The Licensee shall file a certificate of insurance or a certified copy of the insurance policy with the City. Such insurance policy shall contain a clause providing that it shall not be cancelled by the insurance company without thirty (30) days' written notice to the City of intention to cancel. The following coverage shall be provided in amounts not less than those specified: (01) Public liability, general liability, loading and unloading, [completed operations, explosion, collapse, underground operations], personal injury, and property damage with the following minimum limits: (a) One Million Dollars ($1,000,000) per claimant. (b) One Million Dollars ($1,000,000) per occurrence. (c) One Million Dollars ($1,000,000) annual aggregate. (02) Automobile and truck public liability, personal injury, and property damage, including owned and non-owned vehicles with a One Million Dollars ($1,000,000) minimum limit. (03) The City may require additional insurance be provided by Licensee if market conditions change such that additional coverage become economically practicable. The insurance limits required by this section shall be reduced if these insurance limits are not reasonably and economically available. For the purposes of this subsection "economically practicable," "reasonably" and "economically available" shall be determined by the insurance coverage affected by the Minnesota Joint Underwriters Association or the readily available private insurance market. 16.) Bonding. (O1) The Licensee shall furnish a surety bond in favor of the City in the amount of Three Hundred Thousand Dollars ($300,000) to run continuously (annual renewal allowed) until all landfill operations and closure activities are completed to ensure compliance with the terms and conditions of this License. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be 19 in a form acceptable to the City and its attorney. The bond shall be subject to cancellation by the obligor by giving one hundred twenty (120) days' prior written notice to the City. The Licensee shall renew each such bond no more than sixty (60) days after any such written notice, and failure to so renew the bond shall be an event of default of the obligations of the Licensee and shall constitute ground for immediate and automatic revocation of this License. Said bond shall provide that if the Licensee refuses to obey any of the requirements or to any of the acts required by this License or for any reason ceases to operate or abandons the landfill, and the City is required to expend monies or labor or material to restore, repair, or clean up the Landfill Site to the condition and requirements required by law, the obligor shall reimburse the City for any and all expenses incurred to remedy the failure of the Licensee to comply with this License, and the obligor shall indemnify and save the City harmless from all losses, costs, and charges that may occur to the City because of any default by the Licensee. The bond may be in a form exercisable by both the City and the County provided that such exercise feature allows its use on instruction by either or both the City and County. (02) In the event this, or any subsequent license is revoked or the Licensee closes operation of the landfill for any reason, including but without limitation, order of the court or other agency of competent jurisdiction, bankruptcy, insolvency, or abandonment, the Licensee shall immediately proceed to close, cover, and grade the Landfill Site according to an environmentally sound closure plan which shall be approved by the City and which shall comply with all requirements of the MPCA and Sherburne County relating to final closure. In the event the Licensee fails to comply with the terms of this subparagraph (02), the City may, upon ninety (90) days' prior notice to the Licensee, enter onto the property and perform all such obligations, the costs of which shall be borne by the Licensee, or, in default thereof, by its surety. 17.) Violation of Conditions. If the Licensee or its successors or assigns violate any term or condition imposed by this License, this License may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or license condition imposed by lawful governmental authority and governing operations on the Landfill Property is ground for revocation and termination of this License. The change, alteration, or amendment of any such statute, regulation, ordinance, or license condition by any governmental authority other than the City shall not excuse the Licensee from compliance with statutes, regulations, ordinances, or permit or license conditions in effect on the date of the original issuance of this License unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions. 20 18.) Documents, Reports, and Maps. Electronic copies of Licensee's transmittals to the MPCA or to Sherburne County regarding the Landfill shall also be supplied to the City, at the same time. 19.) On-Site Inspection. The City may inspect the Landfill and the Landfill Property for the purposes of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and others obtaining necessary information pertaining to the construction, operation, and environmental effect of the disposal facility, control equipment, and control materials. Inspections shall. be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will notify personnel at the landfill office at the time of inspection. In case of emergency, the City will call Debra Walters to gain entry and provide notice of the situation. Licensee shall promptly notify the City of any substitutions of persons to be so notified. The City shall be notified by the Licensee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this License. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City staff to Licensee. This letter may be revised or supplemented by City staff from time to time as necessary to address the City's needs for notification. 20.) Indemnity. The Licensee shall indemnify, defend, and hold the City harmless from all claims, demands, and/or actions legal and/or equitable arising from the operations on the Landfill Property. In the event that such claim, demand, or action arises from the negligence of the City, then Licensee's indemnification obligation shall be reduced in proportion to the City's negligence as determined by a trier of fact. Nothing in this provision shall constitute a waiver of defenses or immunities of Licensee or the City, or create any duty to any third party. 21.) Worker's Compensation. The Licensee shall carry in a company authorized to transact business in the State of Minnesota a policy of insurance fulfilling all requirements of the Worker's Compensation Act, including all legal requirements for occupational diseases, or self-insure for the above. 22) Right to Require Performance. The failure of the City, at any time, to require performance by the Licensee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 23.) Severability. If any provision of this License shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 21 24.) Amendment. This License shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 25.) Transferability. Transfer of this License to any entity not a wholly owned subsidiary of Licensee or Waste Management, Inc. shall require approval of the City. 26.) Conflicts. In any cases in which the Licensee believes there is an irreconcilable conflict between the requirements of this License and the laws, rules, regulations, or order of any other governmental authority, the Licensee shall promptly notify the City of such irreconcilable conflict and request an amendment of this License. Until such time as the City acts upon a request for an amendment to this License, which it may grant or deny in its sole discretion, the terms of this License shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Licensee and any requirements of state or federal law. The City shall not unreasonably refuse to amend this License or waive compliance with this License in order to prevent violation of law. 27.) Modification Suspension or Revocation of License. Violation of any term of this License may result in suspension or revocation hereof. Furthermore, the City specifically reserves the right, and the Licensee agrees, that this License may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, and welfare. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this License, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the landfill places the public health, safety, or welfare in jeopardy. Such information includes, but is not limited to the following: (O1) A determination that (other than as indicated in the license application) leachate generated at the Landfill Site is migrating to surface or ground waters in a way that threatens the public health, safety or general welfare. (02) A determination that (other than as indicated in the license application) standards for drinking water (whether promulgated as of the date of this License or at a later date by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in groundwaters or surface waters) are being violated as a result of landfill operations. 22 (03) A determination that the emission of landfill gas on the Landfill Site is creating or threatens to create a safety hazard to the community. Without limiting the foregoing, the City reserves the right to amend this License to impose upon the Licensee the obligation to comply with any state or federal law or regulation relating to the operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation, or amendment of this License may be ordered only after a public hearing on such suspension, revocation, or amendment preceded by thirty (30) days' written notice to the Licensee or at the time of consideration of renewal of this License. Notice of hearing shall include a statement of the proposed action by the City and the reasons therefor. 23 ATTEST: Tina Allard City Clerk THE CITY OF ELK RIVER: By: John J. Dietz Its: Mayor Accepted and agreed to by: ELK RIVER LANDFILL, INC. By: Michael Fleming Its: Vice President STATE OF MINNESOTA ) COUNTY OF SHERBURNE ) ss. The foregoing instrument was acknowledged before me this day of 2011, by John J. Dietz, the Mayor of the City of Elk River, on behalf of the City of Elk River. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2011, by Tina Allard, the City Clerk of the City of Elk River, on behalf of the City of Elk River. Notary Public 24 STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE) The foregoing instrument was acknowledged before me this day of 2011, by Michael Fleming, Vice President, Elk River Landfill, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Gray, Plant, Mooty, Mooty & Bennett 500 IDS Center 80 South 8~' Street Minneapolis, Minnesota 55402 Briggs & Morgan 2200 IDS Center 80 South 8th Street Minneapolis, Minnesota 55402 GP:3039208 v2 25 DECLARATION OF RESTRICTIVE COVENANT THIS DECLARATION is made this RECITALS: 2011, by A. Declarant is the owner of a parcel of real property legally described on attached Exhibit A, situated in the City of Elk River, Sherburne County, Minnesota (the "Property"); B. For good and valuable consideration, the adequacy and receipt of which are hereby acknowledged by Declarant, Declarant desires to place certain restrictions on the use of the Property as described in this Declaration; and C. It is the intent of this Declaration of Restrictive Covenant to restrict usage of the Property as provided herein for the period of time provided herein. NOW, THEREFORE, Declarant makes the following declaration: DECLARATION 1. Restrictive Covenant. For a period of forty (40) years from the date hereof and except as otherwise provided herein, no owner or occupant of the Property may use all or any portion of the Property for the deposit of waste, including, but not limited to, Solid Waste, under any circumstances. 2. Legal Effect. The restrictive covenant set forth in paragraph 1: A. is a covenant running with the land; B. binds Declarant and every other owner and occupant of all or any portion of the Property for a period of forty (40) years from the date hereof; and C inures to the benefit of the City of Elk River, its successors and assigns, and to the benefit of the owners of all properties located within one (1) mile of the Property, and to their successors, grantees and assigns. D. Upon the conveyance of all or any part of the fee title to the Property, each and every grantee, by accepting such conveyance, will thereby be bound by this Declaration. day of _ ("Declarant"). 3. Enforcement. The restrictive covenant established herein may be enforced by the City of Elk River or any other party benefitted hereby, as set forth above, and by their successors, grantees or assigns. In addition to any other right or remedy that an enforcing party may have, it will also be entitled to injunctive relief for any breach or prospective breach of this restrictive covenant. IN WITNESS WHEREOF, this instrument has been executed effective as of the date first set forth above. By Its STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2011, by ,the of a on behalf of the corporation. Notary Public This Instrument Drafted by: Gray Plant Mooty Mooty & Bennett, P.A. 500 IDS Center 80 South Eighth Street Minneapolis, MN 55402 GP:3041147 vl 2 EXHIBIT A Legal Description of the Property GP:3041147 vl CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF AMENDED CONDITIONAL USE PERMIT THIS AGREEMENT, approved on the 19th day of September, 2011 and effective as provided herein, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation, (the ""City~~, and ELK RIVER LANDFILL, INC., a Minnesota corporation ~~the "Permittee~~ which is a wholly owned subsidiary of Waste Management, Inc. a Delaware corporation, provides as follows: RECITALS WHEREAS, Permittee owns the real property described on Exhibit A attached hereto (the °"Landfill Property~~ situated in the City of Elk River; and WHEREAS, Permittee currently operates a mixed municipal solid ~~~astc ("MSW") landfill (the "'"~~-a''~""~'"Landfill") on a portion of the Landfill Property pursuant to an amended conditional use permit dated February 16, 2010 (the "Existing CUP~"Z and WHEREAS, Permittee applied on June 27, 2011 for an amendment of the Existing CUP to allow fora 31.8 acre expansion of the Landfill; and WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on the request to amend the Existing CUP, at which hearings all citizens of the City of Elk River and other interested parties have been aroperly notified and have had the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that ~;" °~•~~~~•' ~~~'}~" '~~~.,Permittee is hereby granted an amended conditional use permit (the "Permit~~ for landfill and related operations on the Landfill Property ~' •: •••~" ~ a ~~~ °;•"~"~' ^ ~~**°°"°~, subject to the terms, conditions and qualifications hereinafter stated, to wit: AGREEMENT 1.) Incorporation by Reference. The above Recitals are incorporated by reference. 2.L Scope and Conduct of Landfill Operations. The operation of a °~~'~~a ~• °°~° °°~~*°~~ MSW' landfill may be conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Sherburne County (the "County and the Minnesota Pollution Control Agency: (the "MPCn"), and in accordance with the authorization, conditions and limitations contained in this Permit and in: (O1) the current City a; L'-rT1rRv~~Solid Waste Facility "S( WF") License ~*"° ~'~*•~' ~°°~°°' issued to Permittee;, as approved on September 19, 201 1, and as subsequentl~~ amended or modified (the "City License"); and (02) the current MPCA Solid Waste Permit No. 74 (the "State Licensee issued to Permittee; and (03) the current S"•'County Solid Waste Landfill License (the "County Licensee issued to Permittee. ?3.) Additional Expansion of Landfill Prohibited. This Permit authorizes the expansion of La~#+I~landlill activities onto 31.8 acres to allow an additional 27.2 acres of ~'~°MSW fill area. By accepting and executing this Permit, Permittee agrees to comply with the design of the expansion approved herein, and Permittee agrees to forever waive its right to pursue any further landfill expansion within the City beyond the area describe in Exhibit A hereto. 34.) Conditions Ag-reed To. This Permit imposes those conditions which the City has determined are reasonably necessary to fully mitigate the adverse effects on the City of the Landfill and its expansion. By accepting and executing this Permit, Permittee agrees that the conditions imposed herein are necessary to fully mitigate the adverse impacts of the Landfill and its expansion, and Permittee agrees to comply with each of the conditions set forth herein. 4~.) Expansion Fee. Permittee shall pay to the City an expansion fee (Expansion Fee) of $3.33 per ton of MSW disposed of at the Landfill #er+nli•om January 1, 2011 through June 30, 201.5 and $5.00 per ton of MSW disposed of at the Landfill from July 1, 2015 through December 31, 2030.- ~e-pa+~E+es s"fhe Expansion Fee shall not be paid on MSW that is residue received ti•om any energy and resource recovery facility with at least 8~ percent etticiencv or alternative daily cover droved pursuant to the Permittee's Industrial Solid Waste Management Plan. MSW within this exemption is "Exempt MSW "All other MSW is "Non-Exempt MSW." The Expansion Fee applies to all Non-Exempt MSW disposed of at the Landfill'I'he parties' 2003 Host Community Agreement is rescinded. cU_t1-t2 ttx Page 2 The Expansion Fee shall be paid directly to the City on a monthly basis and shall be accompanied by an accurate report on the amount and type of .. ^'~Non-Exempt MS W disposed of in the Landfill each day during the month. The Expansion Fee due for each month shall be received by the City no later than the thirtieth (30th) calendar day of the succeeding month. The parties agree that the Expansion Fee shall be the only fee charged by the City for Hl+c#- ethc Non-Excmpt MSw' disposal at the Landfill. However, the Landfill shall remain responsible for all other applicable and customary fees, including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, platting and subdivision fees, including park dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable fees. Any increase or decrease in the amount of the Expansion Fee must be in writing and must be executed by -Permittee and the City. sThe Expansion Fee revenues may be used by the City for any lawful public purpose, including general fund purposes. The parties agree that the City has statutory authority to impose abatement fees on the Landfill and has done so in the past. However, that authority may be subject to legal challenge and is subject to legislative scrutiny and alteration. Therefore, the City agrees, for so long as ~Cl-Permittee makes timely payment of the Expansion Fee, to waive its rights to impose such fees and to accept, in lieu thereof, the Expansion Fee described in this Agreement. If the City shall he required by law to collect from €~R-1-Permittee an abatement fee or similar landfill fee in addition to the Expansion Fee, then the Expansion Fee due and owing to the City shall be reduced by an amount equal to the amount of such required abatement fee collected by the City. The Expansion Fee is in lieu of the statutory landfill abatement fee for the disposal of sc~4iff eNon-F.tempt MS W only. All other fees applicable to the Landfill (including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, planning and subdivision fees, including park dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable feed shall remain in effect and applicable to the Landfill. ~6.) MPCA Permit. ~Permittee's current MPCA permit, SW-74, authorizes a -1-A968.8-acre expansion of the Landfill. This Permit will become invalid if Permittee has failed to ^"submit b~~ April 1, 2012 a MPCA permit amendment consistent with the scope of the expansion approved in this Permit ", ~°r'°m"°~ ' ° 'n'? 67.) Scope and Conduct of Related Operations. (O1) Rec,}cling Center. This Permit authorizes a recycling center on the; Landfill Pronem~. The operation of a recycling center on the Landfill Property may be conducted; if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: CL'_71-12 RH Page 3 (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state; and county laws and regulations. (b) The recycling center shall be located and operated as shown on plans submitted by Permittee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, provided that ~,~~~~, ,^~ °°~Permittce's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Permittee. Operation of the recycling center by a different operator shall require the prior written approval of City staf£~ which ~ti-ill not be unreasonably ~yithheld. Any different operator of the recycling center must comply with all of the terms and conditions of this Permit. (d) Permittee shall place appropriate signage on the Landfill p+~pe~yPro erty to direct citizens to the location of the recycling center. (e) Used oil recycling areas shall be within an enclosed building with an impermeable floor and containment area, as approved by Cite staff. (f) Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as approved by Cite staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. (h) Permittee shall have a regular schedule for appliance pick-up, to be approved by City staff. (02) Yard Waste Composting. ~fhis Permit authorizes a yard waste composting operation on the Landfil I Property. The operation of a yard waste composting facility on the Landfill Property within the City limits may be conducted: if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state: and county laws: and regulations. (b) The yard waste composting facility shall be located and operated as shown on plans submitted by Permittee and approved by City staff. (c) All plastics shall be removed from yard waste brought to the facility before composting. CU_71-12 RH Pagc 4 (d) All •„••~~~~~°~~' : ~';.a ~~•°°*°MSW must be immediately removed from yard waste and landfilled. (e) The yard waste composting facility must be operated in such a manner as to keep odors to a minimum. If odor becomes a problem, then City staff may require more frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quickly as possible. (f) The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year. unless the Cite Council amends this Permit to ~ovide otherwise. (g) Positive drainage away from the compost area must be implemented, as approved by City staff. (h) Yard waste and /or compost may not be used as daily cover for the l}Landtill. (i) That Permittee is in strict compliance with all other terms, conditions and requirements of this Conditional Use Permit, including specifically, but not limited to, the operational and environmental monitoring requirements of this Permit and the requirements to make prompt payment of all fees and costs due to the City. No yard waste may be accepted at the yard waste composting facility if this condition is not complied with. Permittee must immediately stop accepting yard waste upon written notice from the City that there is a violation of this condition. (03) Methane Gas Plant. This Permit authorizes a second methane gas plant on the Landfill Property. Development of such a second plant shall be subject to approval by the City Council through amendment of the City License for the Landfill. Permittee ~~••°°° *° ^°°° rt^•~~' f°~n~,-the City, and tl~Elk River Municipal Utilities agree to negotiate in eood faith with each other regarding the development, ownership and operation of a second methane gas plant.- .....:.... .. ... ~° ., °,a ~ :tti D° ;.,°° (04) Household Hazardous Waste (HHW) Drop-off Facility. This Permit authorizes a HHW drop-off facility on the Landfill Property. Development of such a facility shall be subject to approval by the City Council through amendment of the City License for the Landfill. Permittee- a~ees, the Cite, and Count. agree to negotiate in good faith with ~"~- ~"~~~ ~~~~' ~'" -••"~•••~ ~rtyeach other regarding the development, ownership and operation of such a facility.~his- (OS) Other Related Operations.~Ve Other than government-directed corrective actions. or environmental enhancements to landtill operations authorized in the Citv License or an amendment thereto, no other operations or activities, whether or not related to Landfill, shall be permitted or allowed on the Landfill Property unless this Permit is first amended to specifically CU_11-L RH Page 5 allow such operations and to specify the applicable conditions, except mining activities or other operations licensed or permitted separately by City. ~8.) Buffering and Screening. Except for monitoring wells or necessary stormwater infrastructure in locations specifically approved in the City License.the Landfill; and all infrastructure and activities related to the ~3pefaHenslandtill operations located within the City, including a 200-=foot buffer, shall be located within the ^••^~°•~• ~'°°^~~"°'' ^^ r°"~"~* " ^"°~' "~••°*^, *"° ^ ••*" ~:,a° ^+'*"°',• ~~{'~".L,andfill Property Visual screening of the Landfill (except for the berm along 221St Avenue) shall occur within the 200-=foot buffer, which must be fully vegetated with a variety of types of trees as approved by City Staff. Permittee shall submit- for City Staff approval a screening plan for each cell, beginning with Cell 17, prior to the start of construction on the next cell. Construction of the subsequent cell shall not begin until the screening plan for the prior cell is approved. In addition, a screened berm along 221st Avenue shall be ax~°~' "•~ ~'~*~~ c.^+•+•^~~' installed mein compliance with the ; ^' ^'' ~^~~ *••°°° ,ar":., .,r,rtr, +•,_°. ^+•,":.. i..,._... filler CUP approved August 1 ~. 201 1. in Case No. CU I I -I3. 89.) Maximum Elevation. The entire Landfill shall have a final elevation of no more than -I-a-291.120 feet above MSL, including final cover. 910.) Closure. Permittee shall permanently stop accepting waste for disposal ^ ,n;~-~;~:;~in the Landfill-. and close landtill operations writhin the City to the ublic. no later than December 31, 2030. No waste shall be disposed of at the Landfill within the City after that date, or when the airspace capacity permitted 1~in this Permit is reached, whichever occurs first. Closure construction, including the completion of final cover, shall be completed by December 31, 2031:; unless the City approves an amendment to the City License allowinga later completion date for closure construction for the northei7unost cell of the landtill. Within six (6) months of a written demand by the City, and in no event later than the date projected for cessation of waste disposal, the-Permittee shall submit to the City for approval an updated Closure and Post-closure Plan for the Landfill~i~e. Permittee shall maintain in full force and effect all financial assurance required to be maintained by City, county, state and federal law in order to assure completion, closure and post-closure care and maintenance of the Landfill as required by law. a-All.) End Use Plan. Prior to closure of the Landfill, City and Permittee will attempt in good faith to mutually determine an appropriate end use for the portion of the Landfill within Cih and decide whether an end use plan will be required to implement this use. In the interim, Permittee will establish and maintain sustained vegetative growth and adequate vegetation cover upon the closure of each phase of the Landfill. This Permit does not oblieate the Permittee to apply for or C_it~_t~~ appro~~c ofaparticular end use plan. X12.) Restrictive Covenant. A restrictive covenant shall be placed on those portions of the F,rtp~-~;u~Landtill Property which Permittee is acquiring for this expansion, except for those areas that would become available under the approvals referenced in this Permit for the disposal of waste;-t13eV1SVb~. ~I he restricted area would it~c-Iticleconsist of the non-disposal areas including, among other areas, the buffer areas and any sedimentation ponds. The restrictive covenant willke- ~ prevent the future use of the subject areas for the disposal of waste under any circumstances. Comment [Al]: This was restored. ~- - ° - 'Comment [A2]: This was restored. CU_ll - L RH Page 6 X13.) Public Access to Western Trail.~6 Subject to the appropriate agreements fi•om Township and County. Permittee agrees to allow public access on the trail through the old railroad path on its property immediately north of the ~=+t~sCitv's limits (in++~+a Township), as needed to connect the trail west of its property in the City to a future path north of the City. In addition, Permittee agrees to ~a~ork in good faith with the Citv regardin a potential i~utw•e connection between the existing trail on the old railroad path immediately west of the Landfill Property to existing trails further west at no material cost to Permittee. In return, City agrees to issue to Permittee the necessary easement for the stormwater infrastructure across the trail x314.) Operational Requirements. Operation of the Landfill shall be governed by the ~riimcc8c~s- c°~:,, of°...° ~-.,,~~:~,. ~ • City Licenses r ..H . , .,~a~-~, °,a , ., c . „~°.. , n ~n, ~ vorrv-~crrcc-rte r,.-'rnc`c'i ~`,ic .. , ~., ^• • •~~ ~^• ^~~~~ ^ ~a°a ^ ^.a:~:°-a. The requirements of the City License (including any amendment or modifications thereto) are hereby incorporated into this Permit as necessary conditions and failure to comply with the conditions and requirements of the City License shall be cause for revocation of this Permit. x--11 ~.) Insurance and Bonding. Permittee shall provide such insurance, including workers compensation insurance, and bonding as required in the City License. -1316.) Applicability of Conditional Use Permit. q=h+sE~c~pt as specifically provided otherwise in this Permit, this Permit shall apply to the property described on Exhibit A ~taehec#ttached hereto. This ~~~a~*~°~°' "°° Permit shall run with the real property and apply to t-he-Permittee: and its successors: and assigns. -IH17.) Permit Period. (Ol) This Permit shall not become effective until: (a) Permittee has provided City with written documentation of ~Pcrmittee's ownership e#interest in all of the real property described on Exhibit A, attached hereto; (b) Permittee has executed this Agreement for Issuance of Amended Conditional Use Permit; and (c) Permittee has executed a stipulation for dismissal of the case filed in Sherburne County District Court, now known as ERL I; the Appellants have withdrawn their appeals to the Minnesota Court of Appeals in the matters known at ERL /, // and IG'; and all parties to the~RL /, /I, 111 and /V litigation have executed mutual releases of all claims arising from that litigation. (02) Once effective, this Permit shall be in force and effect for so long as the conditions set forth herein are complied with, unless and until suspended or revoked as provided herein. Formatted: Font: Italic Formatted: Font: Italic l Formatted: Font: Italic Formatted: Font: Italic Formatted: Font: Italic Cu_t 1-12 RH Yagc 7 (03) Until this itPermit becomes effective, the Existing CUP for the Landfill shall remain in effect and no Landfill activities shall be permitted on any land not covered by the Existing CUP. The Existing CUP shall automatically terminate on the date that this Permit becomes effective. X18.) Violation of Conditions. If the Permittee or its successors or assigns violates any term or condition imposed by this Permit, or any solid waste facilities license issued for operation of the Landfill, this Permit may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, permit or license condition imposed by lawful governmental authority and governing operations on the Landfill Property is grounds for suspension, revocation or termination of this Conditional Use Permit. The change, alteration, or amendment of any such statute, regulation, ordinance, permit or license condition by any governmental authority other than the City shall not excuse the Permittee from compliance with statutes, regulations, ordinances, permit or license conditions in effect on the date of the original issuance of this Permit, unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions. ~l~ Documents, Reports, and Maps. ~+esElecU-onic conics of all ~'•~•~• ^~°~': ~°^~~••'° ' of Permittee's transmittals to the MPCA or to °~the County regarding the Landoll shall also be supplied to the City; at the same time. 2~-Isl-} Charges and Fees. Permittee agrees to pay to the City the ~sCitv's reasonable costs incurred in the future for administering, enforcing, modifying and amending this Permit, as follows: (Ol) Permittee shall pay one hundred percent (100%) of the ~sCitv's costs for processing renewals, amendments or proposed amendments to this Permit; and (02) Permittee shall pay one hundred percent (100%) of the C i~v'-sCitv's costs for administering and enforcing the terms of this Permit, including costs for reviewing P~Permittee's compliance with the terms and conditions of this Permit, costs for bringing Permittee into compliance with the terms and conditions of this Permit (including legal costs); and City costs incurred for review of Permittee initiated requests such as -"co-disposal=" approvals, etc. X9103) Permittee and the City agree that, on an annual basis, then will work together to establish an annual budget reflecting for the upcomingyear, both (A) anticipated renewals, amendments or proposed amendments to this Permit or to the City License. and other anticipated occasions f'or the administration or enforcement of the terms of the Permit or the City License, and (B) the anticipated costs to the Cit~that would arise from those activities. Permittee agrees to maintain an escrow for the budgeted year based upon that budget. Both the budgeted amount, and the size of the escrow are subject to change based on circumstances that were not anticipated by the parties at the time of budgeting, including but not limited to the costs of responding to incidents, or otherwise by agreement of the parties. 21.) On-Site Inspection. The City may inspect the Landfill Site for the purposes of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and otherwise obtaining necessary information pertaining to the construction, cu_t t-l2 ax Pagc H operation, and environmental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will notify personnel at the landfill office at the time of inspection. Permittee shall promptly notify the City of the name of an authorized person to be notified and provide access to the Landfill in case of emergency. The City shall be notified by Permittee immediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, release or spill of the hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this Permit. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City staff to Permittee. This letter may be revised or supplemented by City staff from time to time as necessary to address the C=ity~Cit~'s needs for notification. x+22.) Indemnity. Permittee shall indemnify, defend, and hold the City harmless from all claims, demands, and/or actions, legal and/or equitable arising from the operation of the Landfill. In the event that such claim. demand. or action arises from the negligence of the City, then Permittee's indemnification obligation shall be reduced in proportion to the City's neali~ence as determined a trier of tact. Nothing in this provision shall constitute a waiver of defenses or immunities of Permittee or the Citv, or create any duty to an t~partv. . X23.) Right to Require Performance. The failure of the City, at any time, to require performance by Permittee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. x,24.) Severability. If any provision of this Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. ?1}25.) Amendment. This Permit shall not be considered modified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. X26.) Conflicts. In any cases in which Permittee believes there is an irreconcilable conflict between the requirements of this Permit and laws, rules, regulations, or order of any other governmental authority, Permittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Permit. Until such time as the City acts upon a request for an amendment to this Permit, which it may grant or deny in its sole discretion, the terms of this Permit shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Permit Holder and any requirements of state for federal law. The City shall not unreasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent violation of the law. ?627.) Modification, Suspension, or Revocation of Permit. The violation of any of the terms of this Permit ima~ result in suspension or revocation hereof. Furthermore, the City specifically reserves the right, and Permittee agrees, that this Permit may be amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, welfare, and the cu_uaz RH Yaffe 9 environment. Specifically, but without limiting the foregoing, the City may amend, suspend, or revoke this Permit, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safety, welfare, or the environment in jeopardy. Such information includes, but is not limited to the following: (O1) A determination that the leachate generated at the Landfill is migrating to surface or ground waters in a way that threatens the public health, safety, or general welfare (other than as indicated in the permit application). (02) A determination that recommended health advisory levels or intervention levels for drinking water (whether promulgated as of the date of this Permit or at a later date, by the United States Environmental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in ground waters or surface waters) are being violated as a result of Landfill operations (other than as indicated in the permit application). (03) A determination that the emission of landfill gas on or adjacent to the Landfill Property is creating or threatens to create a health or safety hazard to the community. Without limiting the forgoing, the City reserves the right to amend this Permit to impose upon Permittee the obligation to comply with any state or federal law or regulation relating to the operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation or amendment of this Permit may be ordered only after a public hearing on such suspension, revocation or amendment, preceded by thirty (30) days' written notice to Permittee. Notice of hearing shall include a statement of the proposed action by the City and the reasons therefore. THE CITY OF ELK RIVER: ATTEST: By By: John A.i. Dietz Tina Allard Its: Mayor Its: City Clerk ELK RIVER LANDFILL, INC. By: ^~'~°~ "Mike Fleming Formatted: Keep with neat, Keep lines 1 l together J Cti_i 1-12 RH Page 10 Its: Vice President Cti_i t-t2 2x Page 1 ] STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2011, by John AJ. Dietz, the Mayor of the City of Elk River, on behalf of the City of Elk River. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2011, by Tina Allard, the City Clerk of the City of Elk River, on behalf of the City of Elk River. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of Formatted: Justified 2011, by D°~~~, «,,.~,~.... .ti, n•~..., nn.,,,.,,.~. „Mike Fleming Vice President. Elk River Landfill, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public I-S,TH1S INSTRUMENT WAS DRAFTED BY: Gray, Plant, Mooty, Mooty & Bennett 500 IDS Center 80 South 8~'3H•eet8thStreet Minneapolis, Minnesota 55402 CU_I7-L RFI Page 12 Briggs & Morgan 2200 IDS Center 80 South 8th Street Minneanolis. Minnesota 55402 cti_t t-t2 a[a Page 13 EXHIBIT A That part of the NW '/4 of Section 3, Township 33, Range 26 lying west of U.S. Highway 169; and That part of the SW '/< of Section 3, Township 33, Range 26 lying west of U.S. Highway 169 and north of a line 525 feet south of and parallel to the north line of said SW ''/4; and That part of the NE '/4 of Section 4, Township 33, Range 26 lying east of the Great Northern Railway; and That part of the SE '/4 of Section 4, Township 33, Range 261ying east of the Great Northern Railway and north of a line 525 feet south of and parallel to the north line of said SE '/4, Sherburne County, Minnesota; and That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, MN lying south of the South line of the North 525.00 ft. thereof, and lying west of U.S. Highway No. 169; and that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, said county, lying south of the South line of the North 525.00 ft. thereof, and lying east of the former Great Northern Railroad, all lying north of the following described line: Beginning at the intersection of said South line of the North 525.00 ft. with the West right of way line of U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said South line of the North 525.00 ft. of said Southwest Quarter bears South 89 degrees 47 minutes 13 seconds East, a distance of 633.89 ft.; thence North 90 degrees 00 minutes 00 seconds West, a distance of 2394.80 ft. to intersect the easterly right of way line of said former Great Northern Railroad. EXCEPT that part lying southeasterly of a 285.00 foot radius curve, concave to the northwest, and tangent to said West right of way line of said U.S. Highway No. 169 and the above described line; AND EXCEPT that part lying southwesterly of a 280.00 foot radius curve, concave to the northeast, and tangent to said easterly right of way line of said former Great Northern Railroad and the above described line. GP.3036500 v2 CU_ti-12 RH Page 14 REQUEST FOR ACTION To Plannin Commission Item Number 5.2. - 5.4. Agenda Section Meeting Date Prepared by Plannuig September 13, 2011 Rebecca Haug, Environmental Admin Item Description 5.2. Request by Elk River Landfill, Inc. for Land Use Amendment to change the Land Use of Certain Property from Mining to Landfill, Public Hearing - Case No. L U 11-01 5.3. Request by Elk River Landfill, Inc. for Rezoning to change the zoning from Al (ME) Agricultural Conservation (Mineral Excavation) to AI (SWF), Agricultural Conservation (Solid Waste Facility), Public Hearing -Case No. ZC I1-01 5.4. Request by Elk River Landfill, Inc. for Conditional Use Permit to expand the existing landfill into 31.8 acres of property located immediately south of the existing landfill, Public Hearin -Case No. CU 11-12 ACTION REQUESTED Planning Commission recommendation to the City Council on whether to approve a Land Use Amendment and Rezoning of 33 acres to allow for expansion of the Elk River Landfill. The Planning Commission should also make a recommendation to the City Council on whether to approve a CUP and license to allow 27.2 additional acres of lined mixed solid waste (MSW) and 31.8 acre expansion for landfill operations. General Information Applicant Elk River Landfill, Inc. Location/ Address 22460 Highway 169 -x133-acre parcel located immediately to the south of the existin landfill ro see ma 60 Day Rule The City must take action by October 27, 2011 Introduction Elk River Landfill, Inc. (Landfill) is requesting a Land Use Amendment, Zone Change and Conditional Use Permit to expand the Landfill into 31.8 acres of property located immediately south of the existing landfill property. This proposal would allow for the development of additional landfill space on 8.9 acres on the southern-most portions of the existing landfill property and on 18.3 acres on the northern-most portion of property owned by Tiller Corporation ("Tiller Case File: CU 11-12 Page 2 ERL CUP City of Elk River Property") and located immediately to the south of the existing landfill property for a total of 27.2 acres of additional fill area. An additiona113.5 acres of the Tiller Property will be required for the 200 foot buffer area; therefore, 31.8 acres of the Tiller Property will be permitted for Landfill operations. 33 acres of Tiller Property would be reguided from Mining to Landfill and rezoned from AI (ME) to Al (ME) (SWF). This property is currently being mined. The Conditional Use Permit and License will allow 31.8 of these acres to be used for landfill operations. As in past landfill operations, the deposit of waste would follow the completion of gravel mining in a particular cell location moving north to south. The proposal consists of a maximum 27.2 additional acres of lined cells that would be used for the disposal of mixed solid waste (MSW), including 8.9 acres on existing landfill property and 18.3 acres on Tiller Property. This acreage would allow for approximately 4,962,000 cubic yards of additional MSW capacity. Although future waste volumes are difficult to predict with certainty, the Landfill estimates that this expansion would extend the life of the facility to approximately 18 years; however, the Landfill has also agreed that in no event would the life of the facility extend beyond December 31, 2030. Background On March 30, 2009 the Landfill applied for a comprehensive plan amendment, rezoning, Conditional Use Permit and License from the City to allow a 109 acre expansion of the landfill. The Land Use and Zone Change were denied on 9/21 /09 by the City Council and the Conditional Use Permit and License were denied on 10/19/09. Elk River Landfill filed four lawsuits against the City after the applications were denied. The City of Elk River and Elk River Landfill engaged in mediation in April and May 2011 and the outcome of the mediation is an Agreement that the parties approved in June 2011. A copy of that agreement is attached as Exhibit 6. Comprehensive Plan & Rezoning The existing Landfill is currently zoned Al (Agricultural Conservation), ME (Mineral Excavation) and Solid Waste Facility (SWF). The application includes a proposal to rezone and reguide an additional 33 acres to the south of the existing landfill on the Tiller Property from Al (ME) to Al (ME) (SWF). The proposed change does not create a spot zoning instance and is consistent with the adjacent land use on the Tiller Property. Expansion of the Landfill will extend the period of time that the City, its residents and its businesses will benefit from the host fees and other positive economic impacts which ongoing operations at the Landfill generate. The negative impacts associated with an operating Landfill can be mitigated through appropriate regulations and conditions. The long term negative economic impacts identified in the KHGi reports are reduced by the reduction in size of the Landfill expansion. The Landfill could, if expanded and operated appropriately, generate some commercial and industrial development on the remainder of the Tiller Property and in the area generally and some positive economic impacts for the City. Expansion of the Landfill could generate some additional permanent open space in the City for future public benefit. The Planning Commission should consider the N:\Departments\Community Development\Planning\Case Files\CUP\CU 11-12 ER Landfill\Staff report to PC-CU11.doc Case File: CU 11-12 Page 3 ERL CUP City of Elk River balance between the benefits and impacts of a Landfill expansion and make a recommendation to the City Council. Conditional Use Permit Applicable Regulations Standards for Issuance of a Conditional/ Interim Use Permit incorporate and strengthen the existing standards and safeguards to mitigate the impact of the Landfill and the expansion on the surrounding area (Section 30-654) The issuance of a Conditional Use Permit can be ordered only if the use at the proposed location: 1. Will 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 or general welfare of the neighborhood or the city. 2. Will be consistent with the comprehensive plan. 3. Will not impede the normal and orderly development and improvement of surrounding vacant property. 4. Will 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 sewer systems, parks and schools; and will not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring public thoroughfares. S. Will 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. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of mayor importance. 7. Will fully comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit 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. The proposed CUP would allow for Landfill operations or 31.8 of the 33 acres reguided and rezoned, and would allow fill on a total of 27.2 acres including 18.3 of the acres reguided and N:\Departments\Community Development\Planning\Case Files\CUP\CU 11-12 ER Landfill\Staff report to PC-CU11.doc Case File: CU 11-12 Page 4 ERL CUP City of Elk Ricer rezoned and 8.9 acres on existing Landfill property. The proposed CUP will be an amendment of the landfill's existing CUP and will be consistent with all of these standards. Staff has worked with the applicant to address some of the environmental concerns with the operation. Matt Ledvina, Landmark Environmental, the City's Environmental Consultant provided an Environmental Report dated August 22, 2011, Exhibit 4. The comments in the report have been included in the CUP. Staff is also requiring additional details for the vegetation phasing plan. Analysis If the 33 acres of Tiller Property is reguided and rezoned to allow a landfill expansion, then the proposed amendments to ERL's CUP support continuing the operation at this site as ERL has demonstrated that they can meet all the standards for a CUP. Attachments • Exhibit 1 -Location Map • Exhibit 2 -Elk River Landfill Application to amend Comprehensive Plan, Rezone, Conditional Use Permit and supporting documents • Exhibit 3 -Elk River Landfill response to comments dated August 18, 2011 • Exhibit 4 -Environmental Report dated August 22, 2011, by Matt Ledvina, Landmark Environmental • Exhibit 5 -Draft amended CUP for facility • Exhibit 6 -Settlement Agreement Planning Commission Action blorion by second by vote Follow Up N:\Departments\Community Development\Planning\Case Files\CUP\CU 11-12 ER Landfill\Staff report to PC-CUl l.doc Case Number: CU I I - 12 Location Map ELK RIVER LANDFILL ELF F~1''EF L,1~1L~F1LL Land Use Application to the City of Elk River Elk River Landfill's 2.7.2-acre southern expansion per the parties' May 25, 2011 Agreement Submitted by Elk River Landfill, Inc. March 30, 2009 Revised June 27, 2011 ELK RIVER LANDFILL SDA -LAND USE APPLICATION Table of Contents Application Request Summary ....................................................................................1-1 1.1 Introduction ......................................................................................................1-1 1.2 Description of Project .........................................................................................1-1 1.2.1 Infrastructure ........................................................................................1-2 1.2.2 Site Screening .......................................................................................1-2 1.2.3 Expanded Landfill Design .......................................................................1-2 1.2.4 Grading and Drainage Plan .....................................................................1-4 1.2.5 Landfill Closure Construction ...................................................................1-5 1.2.6 Landl=tll End Use .....................................................................................1-5 Land Use Application Requirements ...........................................................................2-i 2.1 Introdu ction ...................................................................................................... 2-1 2.2 Zoning Amendment Requirements ...................................................................... 2-1 2.2.1 Map Showing Lands Proposed to be Changed .......................................... 2-2 2.2.2 List of Property Owners Within 350 Feet ................................................. 2-2 2.2.3 Land Use Application Form ..................................................................... 2-2 ,, 2.2.4 Application Fee ...................................................................................... 2-2 ~ 2.2.5 Project Narrative .................................................................................... 2-3 2.2.6 Legal Description/Survey of Subject Property to be Amended ................... 2-3 2.2.7 All Other Information as Determined by StafF .......................................... 2-3 2.3 Conditional Use Permit Requirements .................................................................. 2-3 2.3.1 Land Use Application Form ..................................................................... 2-4 2.3.2 Application Fee ...................................................................................... 2-4 2.3.3 List of Property Owners Within 350 Feet ................................................. 2-4 2.3.4 Project Narrative .................................................................................... 2-4 2.3.5 Site Plan ................................................................................................ 2-4 2.3.6 Development Plan .................................................................................. 2-5 2.3.7 Grading/Drainage Plan and Drainage Calculations .................................... 2-6 2.3.8 Building Elevations and Floor Plans ......................................................... 2-6 2.3.9 Outdoor Storage .................................................................................... 2-7 2.3.10 Wetland Delineation ............................................................................... 2-7 2.3.11 Environmental Impact Statement ............................................................ 2-7 2.3.12 All Other Information as Determined by City Staff .................................... 2-7 2.4 Land U se Amendment Requirements ..........:........................................................ 2-7 2.4.1 Land Use Application Form ..................................................................... 2-8 2.4.2 Application Fee ...................................................................................... 2-8 2.4.3 List of Property Owners Within 350 Feet ................................................. 2-8 2.4.4 Project Narrative ....................................................................................2-8 .__ . 2.4.5 Legal Description/Survey of Subject Property to be Amended ...................2-8 2.4.6 All Other Information as Determined by Staff ..........................................2-9 Zoning Amendment - SWF Overlay District ................................................................3-1 3.1 Zoning Amendment Narrative .............................................................................3-1 3.2 Zoning Amendment Considerations .....................................................................3-2 3.3 Written Statement Addressing Considerations ......................................................3-3 3.3.1 Existing Conditions Within the Area Directly and Indirectly Affected by the Proposal ................................................................................................ 3-3 3.3.2 Conservation of Property Values .............................................................3-3 3.3.3 The Use to Which the Property Affected is Being Devoted at the Time ......3-4 3.3.4 Relevant Provisions in the Land Use Plan .................................................3-4 Conditional Use Permit for Sanitary Landfill ...............................................................4-1 4.1 Conditional Use Permit Narrative .........................................................................4-1 4.2 Conditional Use Permit Standards of Issuance .....................................................4-2 4.3 Written Statement Addressing Required Findings .................................................4-3 Land Use Amendment .................................................................................................5-1 5.1 Land Use Amendment Narrative .........................................................................5-1 List of Drawings _ Site Plan -Entire Property Site Development Plan -Entire Property Leachate Collection System Plan (Sheet 1) Final Cover Grading Plan (Sheet 2) Landfill Gas System (Sheet 3) Drainage Plan (Sheet 4) Screening Plan (Sheet 5) List of Attachments 1. Drainage Calculations 2. City Zoning Map and Properties Within 350 feet 3. Legal Description 4. Landfill Development Cross -Section A L~ SECTION 1 Application Request Summary 1.1 INTRODUCTION Elk River Landfill, Inc. (ERL), awholly-owned subsidiary of Waste Management of Minnesota, Inc., owns and operates a 92-acre mixed municipal solid waste (MSW) landfill (Landfill) under Minnesota Solid Waste Permit Number SW-74. The Landfill is also licensed and permitted by both Sherburne County (County) and the City of Elk River (City). The Landfill is located along U.S. TH 169 on 476 acres of land located in the NW'/a of Section 3, T33N, R26W, and the SW'/a of Section 34, T34N, R26W, Sherburne County, Minnesota (see Drawing titled'~Site Plan -Entire Property'. Besides the 72-acre construction and demolition debris (C&D) landfill immediately and adjacent to the north of the Landfill, the remaining 312 acres of the existing property owned by ERL provides a buffer surrounding the Landfill. The Landfill is permitted to accept MSW, C&D, yard waste for composting, industrial waste in accordance with a MPCA-approved Industrial Solid Waste Management Plan, and processing facility rejects from the Elk River Resource Recovery Facility. ERL maintains a Solid Waste Facility (SWF) license and conditional use permits in accordance with City requirements. ERL and the City entered into a Host Community Agreement in September 2003 regarding the Landfill. On May 25, 2011, ERL and City entered into an Agreement related to expanding by 27.2 acres the Landfill's MSW footprint to the south. This southern expansion includes the southern-most portion of the 137.4-acre landfill property currently owned by ERL and the northern-most portion of the 109-acre southern development area (SDA) located immediately south of the Landfill that is currently owned by Tiller Corporation (Tiller). This application reflects the terms agreed to by both ERL and City in the May 25, 2011 Agreement. The 27.2-acre expanded Landfill as agreed to in the May 25, 2011 Agreement provides 4,962,000 cubic yards of additional MSW capacity. Per City, the approval of the expanded Landfill requires the northern-most portion of the SDA to be "r uide " 'n the comprehensive plan as "landfill" and rezoned to be included in the SWF Overlay District and for a sanitary landfill~radit~onal use permit (CUP) to be obtained. The Landfill's existing County SWF license will also need to be amended to include the expansion. 1.2 DESCRIPTION OF PROJECT The 27.2-acre expanded Landfill includes an additional 8.9 acres on the southern-most portion of the existing 137.4-acre landfill property and 18.3 acres on the northern-most portion of Tiller's 109-acre SDA located immediately south of the existing landfill property (see Drawing titled "Site Development Plan -Entire Property'. ERL has entered into a purchase agreement with Tiller for a portion of the SDA, which will include the 18.3 acres for the expanded Landfill and an additional 13.5 acres for the required 200-foot buffer area. Per City, the affected 31.8 acres of the SDA will need to be "reguided" and rezoned. The affected 31.8 acres of the SDA are currently used by Tiller for its gravel mining operation. As has been the practice at the existing Landfill, the expanded Landfill will follow behind Tiller's mining operations. Tiller has an approved CUP from City for the entire 109-acre SDA, and Tiller is concurrently requesting approval to mine the remaining southern 200-foot portion of ERL's existing 137.4-acre landfill property. Elk River Landfill SDA - Section 1-1 Land Use Application ` lNenCl< e.x xaven uwos~u Per the terms of the May 25, 2011 Agreement, the expanded Landfill consists of 27.2 acres of lined MSW landfill area contiguous to the existing Landfill. Development of the expanded Landfill would be fully integrated into the contours, general design and operation of the existing Landfill. The expanded Landfill will provide approximately 4,962,000 cubic yards of additional MSW capacity. Assuming the annual waste flow into the Landfill, including the expanded Landfill, are consistent with the historic average of 336,048 cubic yards/year, this additional capacity would extend the operational life of the MSW landfill approximately 18 years. Per the May 25, 2011 Agreement, all landfilling within the expanded Landfill will be completed by December 31, 2030. The expanded Landfill was included as part of the much larger 73.4-acre expanded Landfill that required a mandatory Environmental Impact Statement (EIS) under the requirements of Minn. R. 4410.4400, subp. 13(E). The Draft and Final EIS for the initially proposed 73.4-acre expanded Landfill have previously been provided to City. The EIS was completed in 2005 and approved by the Minnesota Pollution Control Agency (MPCA) in 2006. The EIS findings concluded that environmental impacts of the much larger 73.4-acre expanded Landfill would likely be minimal and the proposed management and mitigation standards would meet or exceed regulatory standards. 1.2.1 INFRASTRUCTURE Expansion of the following existing infrastructure systems will be required as part of the expanded Landfill: ^ Leachate collection and storage facilities. ^ Gas extraction wells, piping, and monitoring probes will be installed in accordance with required regulations. ^ Groundwater monitoring wells in accordance with the site's permits and MPCA approved workplans. The expanded Landfill will be served by existing access points along TH 169. 1.2.2 SITE SCREENING Other than the requisite setbacks, mining is currently allowed to occur within the entire SDA but not within the southern-most 200-foot buffer on ERL's existing 137.4-acre landfill property. An application for the mining of the 200-foot buffer on ERL's existing property is being submitted by Tiller Corporation concurrently with the submittal of this application. Screening will be done per the terms of the May 25, 2011 Agreement, and it is reflected on Drawing 5 °Screening Plan." This includes planting trees and vegetation along facility access roads, perimeter roads and future sedimentation ponds located along the proposed eastern, southern and western sides of the affected property. 1.2.3 EXPANDED LANDFILL DESIGN The expanded Landfill is designed to dispose of non-hazardous solid wastes. The design as well as the construction and operation of the landfill are governed by MPCA, County and City. Each of these three regulatory bodies has performed or will perform a review of the general landfill design as well as reviewed the environmental impacts of the landfill development through an EIS. The design of the expanded Landfill incorporates astate-of-the-art composite liner system and two feet of compacted clay soil barrier overlain by a 60 mil high density polyethylene flexible membrane liner. Together, these two components of the liner system prevent contaminants from Elk River Landfill SDA Section 1-2 Land Use Application tN~C1Cl` ELK Al VEA LAhoFtti penetrating the surrounding environment. Overlying the liner section is the leachate collection layer. The leachate collection layer consists of either one foot of highly permeable drainage sand or a synthetic drainage material called a geocomposite. The geocomposite is comprised of high density polyethylene channels manufactured to rapidly convey liquids and is considered equal to the transmission capacity of one foot of drainage layer sand. 6° PERFORATED HDPE SDR 1 LEACHAiE GCILEGT[DN PIPE ~CGMSE AGGRGATE ~ ~ '~~iEXT]LE 12"' GRANULAR GRA INAGE LAYER~/,'"\/ \ _ _ ~' 12` INTERACQ[ATE AGGRGATE V" r~ i r~ "~ r /~\ _~ _ ~ ~ y ; .( ~~~~~! ~ V ~~~ ~ ~ ~ ~ ~6D mt 1 H6PE GECAiEABRANE 3 3 ,~ ~~~ ~ ~ ~ ;~ /~. ~ ~ ,43~ }\~,': .\' \~29° CLAY BARRIER LAYER ` `\.~.N1~~~``, '~ `,~~~~~; ~'\ \''n\~:~'1~• 3N~SUBGRADE Liner System The final cover section is similarly designed with a layer of buffer material installed over the final waste elevation prior to the placement of a 40 mil. linear low density polyethylene liner material iF that is overlain by either a sand drainage material or a synthetic drainage material, ,. geocomposite. The final layer of the landfill cover section is a layer of soil material that can sustain and promote vegetative growth. z ~~~TOPSDIL ~~ z COVER SOILS ~z N ~~ GEONET TEXTURED 40 mil ~ ~fl !, \~'A r~ / t,~, . ~` ~, LLdPE GEOMEM6RANE BUFFER SO1LS Cover System The landfill base liner, in conjunction with the final cover liner, completely encapsulates the MSW materials from the surrounding environment. ~_.- Elk River Landfill SDA ~ Section 1-3 Land Use Application lN2nLl< The expanded Landfill will be constructed in a series of phased construction projects. The timing of the phases will be dictated by incoming waste volumes and site operations. The following Table 1 indicates that anticipated expanded Landfill construction schedule based on current and anticipated waste volumes. Table 1. Expanded Landfill Construction Phasing Cell Number Approximate Year of Construction Approximate Acres Constructed 18 2011/2012 7.86 19 2014 8.11 20 2017 15.73 1.2.4 GRADING AND DRAINAGE PLAN ERL has made it its priority to handle and control on-site all stormwater generated on the landfill. The grading and drainage plans are provided on the Drainage Plan (Sheet 4). The drainage calculations are presented in Attachment 1. During the initial construction phases of the expanded Landfill, stormwater generated will be piped to an interim pond located south of the active cells. As construction and mining conditions dictate, permanent sedimentation basins will be constructed and put into service for treatment of runoff from the expanded Landfill. The sedimentation ponds will control and minimize the amount of sediment-laden runoff that leaves the expanded Landfill. If the designated area for the permanent ponds is not available, then an equivalent sized temporary pond will be constructed in the mined area. Perimeter ditches of equivalent capacity to those shown on the final closure plans will route stormwater to the temporary ponds. The surface water runoff from the final covered landfill surface will be routed by drainage terraces that are graded into the waste structure that direct surface water to gabion-lined downslope structures. From the. downslope structures, the water is subsequently routed by perimeter ditching to two sedimentation basins located on the south west (P-1) and southeast (P- 2) corners of the expanded landfill. P-1 will accept runoff from the western half of the expansion and P-2 will accept runoff from the eastern half of the expansion. P-2 will discharge via a pipe to P-1. The drainage routing features have all been sized to minimize the erosion from the site. In addition to permanent control structures, the site also utilizes temporary erosion control features, such as silt fencing, biologs, and erosion control matting to minimize erosion from the site. Portions of the final closure area are covered with erosion control matting upon closure to minimize erosion from the newly graded surfaces. stormwater generated from the site will be discharged from P-1 via a storm sewer system, under the exterior roadway to the north end of the expanded Landfill, then west under the City Trail into a wetland upstream of the Rice Lake wetland complex. The discharge point will be onto property owned by the ERL. Discharge from P-1 to the wetland west of the site has been designed to minimize impacts by limiting bounce in the wetland, restricting flow rates, and treating stormwater prior to discharge in accordance with applicable permits. Elk River Landfill SDA Section 1-4 Land Use Application ~~~-~~ This wetland receiving discharge from the site currently has two existing channel outlets, both of which eventually drain into Rice Lake. The north channel outlet, currently located on property owned by ERL will be utilized as the outlet channel for the southwest storm water pond. The channel outlet will be re-excavated to match the elevation of the more southerly outlet to ensure that flows through the south outlet onto the adjoining property are not significantly increased from the existing condition. Routine maintenance of the drainage control structures are initiated in response to general inspections or inspections prompted by a heavy rain. The sedimentation ponds will be cleaned periodically to maintain their optimum settling capacity. The location of the easement for the proposed stormwater discharge piping located under the City Trail is illustrated on the Drainage Plan Drawing (Sheet 4). The exact location and configuration of the downslope structures and conveyance piping discussed above may be revised in the future, but will be in general conformance with the stormwater routing and management system presented in this application. 1.2.5 LANDFILL CLOSURE CONSTRUCTION Final grading and closure of the landfill will be in accordance with the drawings included as "Final Cover Grading Plan" (Sheet 2). The grades of each closure phase will provide a uniform surface with adjacent phases to facilitate surface water drainage. Each closure construction phase, as well as the final closure of the landfill, will be done in accordance with approved plans and regulations. Upon completion of final closure of the expanded Landfill, County will record a deed notation for the property indicating what the property had been used for and pertinent details. The expanded Landfill will be closed in a series of phased construction projects. The anticipated closure sequence and timing for the expanded Landfill is shown in the following Table 2. The timing of closure construction will be dictated in part by incoming waste volumes, as well as site operations to maximize gas production. Closure of the landfill includes the engineered cover system, gas collection components, and the surface water controls as approved in permit documents. Table 2. Anticipated Closure Sequence and Timing Cell Number Approximate Year of Closure Approximate Acres Closed 18 2015/2016 8.35 19 2017/2018 7.64 20 2022-2030 31.5 City, as well as MPCA and County, will be notified of impending phased closure at the expanded Landfill prior to initiation of closure construction. The ERL will make any updates to the closure sequence as part of the facility's annual report. 1.2.6 LANDFILL END USE The current end use plan for the Landfill applies to the expanded Landfill. The end use plan provides for open green space. Long term, the open space planned for the site would be compatible with any adjacent future use. The final end use determined for the site will be r' `~,__ . consistent with the terms of the May 25, 2011 Agreement. Elk River Landfill SDA Section 1-5 Land Use Application ~ UVenCI< - ERL has site-specific provisions in place for the closure of the Landfill, including the expanded Landfill, in accordance with their site permits. In addition, ERL has guaranteed these closure activities, as well as post-closure care and potential contingency actions that may be required through the use of a surety bond in accordance with the financial assurance requirements by MPCA. Closure plans for the existing Landfill have previously been approved by MPCA, County and City. After final closure of the Landfill, including the expanded Landfill, security associated with the end use will likely focus more on safety. It is anticipated that certain portions of the site will be secured such that only those persons authorized by ERL will be permitted in these areas. -----_-- Elk River Landfill SDA ~ ,. Section 1-6 Land Use Application ~- -~~~-~~ ELK R~YER .AwoFrtl SECTION 2 _. Land Use Application Requirements 2.1 INTRODUCTION City staff has indicated that a comprehensive plan amendment is needed to extend the "landfill" designation to 31.8-acre portion of the SDA which is part of the expanded Landfill and its buffer. While it does not believe that a comprehensive plan amendment is required, ERL, at City's request, seeks such an amendment. The expanded Landfill will also require the 31.8-acre portion of the SDA which is part of the expanded Landfill and its buffer be rezoned to be included in the SWF Overlay District and a sanitary landfill CUP will need to be obtained. In addition to the application requirements established in the City Code, City has various land use application forms that must be submitted with the land use applications. The applicable forms for this application include the 2011 Land Use Application Form, Zone Change, Conditional Use Permit and Land Use Amendment. The application requirements established by the City Code and forms are detailed in this section. 2.2 ZONING AMENDMENT REQUIREMENTS The Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division I. Generally, Section 30-575. Amendments, governs the zoning amendment process and application requirements: Sec. 30-575, Amendments. (a) Authorized. The counci/may, from time to time, by atwo-thirds vote of the entire council, adopt amendments to this arti% including the zoning map. (b) Initiation of proceedings. (I) Proceedings to amend this artic% shall only be initiated by the council, the planning commission or a petition of the property owners. (2) An application for an amendment shat/ be filed with the director of planning, Petitions by property owners requesting change in a district boundary shall be accompanied by a map or p/at showing the /ands proposed to be changed and al/ /and within 350 feet of the boundaries of the properly proposed for such rezoning together with the names and addresses of the owners of /and in such area. The Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division 10. Overlay Districts, Section 30-1834. Solid Waste Facility (SWF) Overlay District, governs the use of land for the establishment and operation of solid waste facilities and establishes the administrative procedures: Sec. 30-1834. SWFsolid waste facility over/ay district: (d) Administrative procedures. Estab/ishment ofso/id waste faci/ity over/ayzoning on a specific parcel of land shall be by amendment to the city's zoning map as provided by this artic% and pursuant to the procedures set forth in Section 30-575. An application for a conditional use Elk River Landfill SDA Section 2-1 Land Use Application Wel~Cl< ELK RIPER LRNOiILL -- permit to a/low a specific solid waste facility, if time/y fi/ed as provided by this artic% may be processed by the city and considered by the city council along with an application to zone the affected property into the solid waste facilities overlay district: In addition to the information required by Code, the Zone Change application form requires the following: ^ Land Use Application Form ^ Application Fee ^ Submission of a typewritten narrative that answers the fo/%wing questions: - What are the reasons/purposes of the zone change? - What has changed to warrant the zone change? - How is the request consistent with the Comp P/an? - How compatib/e is it with surrounding properties? - What are the benefits to the city? ^ Legal description/survey of subject property to be amended ^ All other information as determined by City Staff 2.2.1 MAP SHOWING LANDS PROPOSED TO BE CHANGED Attachment 2 shows the additional area proposed to be included in the SWF Overlay District and all land within 350 feet of this area. The expanded Landfill includes 8.9 acres on the southern- most portion of ERL's existing 137.4-acre landfill property that is already included in the SWF Overlay District. Per the May 25, 2011 Agreement, the expanded Landfill also includes 18.3 acres for landfill and 13.5 acres for the required 200-foot buffer area -which must be included within the SWF Overlay District. 2.2.2 LIST OF PROPERTY OWNERS WITHIN 350 FEET A list of all owners of record of property location in whole or in part within 350 feet of the boundaries of the expanded Landfill, as identified in the records of Sherburne County Property Tax Division as of June 2011 are submitted with this application (Attachment 2). Mailing labels obtained from County are also submitted with this application. 2.2.3 LAND USE APPLICATION FORM A copy of the Land Use Application Form is submitted with this application. The applicant is ERL. The current property owner is Tiller. Waste Management has entered into a purchase agreement with Tiller for the purchase of the portion of the SDA which is associated with this application. ERL will be the owner of the property prior to development of the expanded Landfill. 2.2.4 APPLICATION FEE The application fees are provided to City per the following fee calculation provided on the Land Use Application Form. The escrow is used to pay for City's consultants to review the land use `~.~ applications. If the escrow is used, then the applicant will be billed for all additional services. Elk River Landfill SDA Section 2-2 Land Use Application WeI~Ck Application Type Fee Escrow Total Land Use Amendment $500 NA $500 Zone Change $400 NA $400 Conditional Use Permit $520 $1,000 $1,520 Grand Total 2.2.5 PROJECT NARRATIVE See Section 1.2 and 3.1 of this application. 2.2.6 LEGAL DESCRIPTION/SURVEY OF SUBJECT PROPERTY TO BE AMENDED See Attachment 3. 2.2.7 ALL OTHER INFORMATION AS DETERMINED BY STAFF The applicant met with the Environmental Administrator and her environmental consultant, Matt Ledvina, on June 6, 2011 to discuss the design details related to the May 25, 2011 Agreement and City's submittal requirements. No additional information was requested in regards to the Zone Change Application. 2.3 CONDITIONAL USE PERMIT REQUIREMENTS The Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division 2. ~~ Administration and Enforcement, Subdivision III. Conditional Use Permits, governs the conditional use permit application requirements: Sec. 30-651. Application. (b) An application for a conditional use permit shall be fi/ed with the director of planning on a form prescribed by the city. The application shall be accompanied by such p/ans and information as maybe required by the city, inc/uding, without limitation: $2,420 (1) A site p/an drawn at sca/e showing al/abutting lots, existing buildings, existing uses, uti/ities, curb cuts, and locations of trees having a diameter of six inches or more. (2) A proposed deve%pment plan showing proposed ingress and egress to the property and proposed structures, yards, off-street parking and loading areas, and, where appropriate, plans for utilities, screening, buffering, landscape; lighting, signs and open space, and a deve%pment schedule. In addition to the information required by Code the Conditional Use Permit application form requires the submission of the following information: ^ Land Use Application Form ^ Application Fee Elk River Landfill SDA Land Use Application n ELK RNER LLwEi1LL Section 2-3 ^ Labels for Properly Owners within 350 feet of the subject parcel obtained from the Sherburne County Property Tax Division ^ A typewritten narrative explaining the request in detail ^ Grading/Drainage Plan ^ Drainage Calculations ^ Building Elevations, including one color rendering ^ F/oor Plans ^ List of items/equipment/materials associated with Outdoor Storage ^ Wet/and Delineation (if wetlands are present) ^ Wetland Mitigation Plan (if wetlands are impacted) ^ EAW/EIS Requirements ^ Al/ other information as determined by City Staff 2.3.1 LAND USE APPLICATION FORM See Section 2.2.3 of this application. - 2.3.2 APPLICATION FEE See Section 2.2.4 of this application. 2.3.3 LIST OF PROPERTY OWNERS WITHIN 350 FEET See Section 2.2.2 of this application. 2.3.4 PROJECT NARRATIVE See Section 1.2 and 4.1 of this application. 2.3.5 SITE PLAN ERL has prepared a drawing ("Site Development Plan -Entire Property's illustrating the southern portion of the existing landfill property and the SDA. The specific elements that are required for inclusion on the Site Plan and how they are addressed on the Site Plan are discussed below: 1. All Abutting Lots Abutting lots are provided on the Site Plans. 2. Existing Buildings Existing building footprints are indicated on the Site Plans. ,' ~_. . Elk River Landfill SDA f ~ Section 2-4 Land Use Application ~,NellCl{ e~K wve~ uxovui 3. Existing Uses The Site Plans are provided on an aerial photograph to readily show the existing uses on the existing landfill property and the expanded Landfill. Existing uses represent a combination of natural features (woods, wetland, and natural topography) and mining activities. The 31.8 acres of the expanded Landfill and its buffer which is within the SDA is currently used for permitted mining activities. 4. Utilities No municipal utilities are provided to the subject property, nor does this application request the provision of any municipal utilities. The property will continue to be served by private wells and septic system. The existing landfill property includes a Landfill Gas to Energy Facility, and the landfill expansion will provide additional gas system infrastructure. 5. Curb Cuts Existing public streets and curb cuts are shown on the Site Plans and Site Development Plans. No new entrances or curb cuts are required as part of the project. Private driveways and maintenance accessways on the property are shown. 6. Locations of trees having a diameter of six inches or more The applicant discussed the requirements for the tree inventory with the Environmental Administrator in a phone conversation on June 10, 2011. At that time,. City staff stated a tree survey/inventory was not required. 2.3.6 DEVELOPMENT PLAN ERL has prepared drawings showing the affected area. The specific elements that are required for inclusion on the Site Development Plan and how they are addressed on the Site Development Plan are discussed below: 1. Ingress and Egress Existing public streets and curb cuts are shown. No new entrances or curb cuts are required as part of the expanded Landfill. 2. Proposed Structures Proposed structures are not individually shown on the Development Plan, however, an approximate location for future proposed structures is shown as a crosshatched area in the vicinity of the existing office/maintenance building and existing gas plant. No new structures are proposed within the expanded Landfill. Proposed or modified structures located within the existing landfill property may include additional leachate storage/treatment structures, a modified or additional landfill gas to energy facility, and additional or alternative scale locations. Additional structures, such as a modified or additional landfill gas to energy facility or future household hazardous waste facility, will be in accordance with the terms laid out in the May 25, 2011 Agreement. 3. Off-street Parking and Loading Areas Off-street parking would continue to be provided for within the existing parking lot for the landfill office. This parking lot currently has 20 parking spaces. The proposed perimeter Elk River Landfill SDA _ Section 2-5 Land Use Application ``,NE'tlCl< ELK RIVER LiNOFILL operations road and perimeter access road represent the'~loading areas" associated with landfill operations. 4. Utilities The required utility plan is for municipal sewer and water lines and hookups. The project does not propose any use of municipal sewer and water, therefore, no utility plan is required. This is based on previous conversations with City staff back on February 20, 2009. 5. Screening/Buffering/Landscape Plan The Landscape/Screening Plan is consistent with the terms of the May 25, 2011 Agreement. The required 200-foot buffer between the property line and the landfill footprint will be maintained within the expanded Landfill. Screening along the south and west of the expanded Landfill will include a variety of trees placed along the perimeter and access roads and around the southern sedimentation pond as shown on the "Screening Plan." 6. Lighting No new lights are proposed; therefore, a lighting plan is not part of this application. 7. Signs No new signs are proposed; therefore, no signage plans are required. If future signage is proposed, then City would review the proposed signage in accordance with its set procedures and requirements. Future signage could be related to landfill closure. 8. Open Space See Section 2.3.6 (5) Screening/Buffering/Landscape Plan. The end use upon closure of the Landfill, including the expanded Landfill, will be in accordance with the May 25, 2011 Agreement, and it currently includes open green space , which will be implemented in phases as the ERL closes the Landfill, including the expanded Landfill. Long term, the open green space planned for the site would be compatible with any adjacent future development. 9. Development Schedule The expanded Landfill will be constructed in a series of phased construction projects. The timing of the phases will be dictated by incoming waste volumes and site operations. See Section 1.2.4 Table 1, which indicates the anticipated construction schedule based on current and anticipated waste volumes. 2.3.7 GRADING/DRAINAGE PLAN AND DRAINAGE CALCULATIONS See Section 1.2.4 of this application. The Grading/Drainage Plan is provided on Sheets 2 and 4 and the Drainage Calculations are provided in Attachment 1. 2.3.8 BUILDING ELEVATIONS AND FLOOR PLANS Proposed structures are not shown individually on the Development Plan, however, an ~` approximately location for future proposed structures is shown as a crosshatched area in the -- vicinity of the existing office/maintenance building and existing gas plant. No new structures are Elk River Landfill SDA Section 2-6 Land Use Application ~~IIC~< ELK PNER t1wiGM1~ proposed within the expanded Landfill. The proposed structures at the expanded Landfill may include additional leachate storage/treatment structures, a modil=led or additional landfill gas to energy building, and additional or alternative scale locations. The specific location and design of any additional structures, such as a modified or additional landfill gas to energy facility or future household hazardous waste facility, has not been determined, but would be in accordance with the terms laid out in the May 25, 2011 Agreement. 2.3.9 OUTDOOR STORAGE No additional outdoor storage is proposed. Storage will occur within existing structures or those proposed. 2.3.10 WETLAND DELINEATION No wetlands are located within the expanded Landfill. This was approximated by conducting a desktop review of GIS data layers and aerial photographs. The following tools were used for the desktop determination: • The Sherburne County Soil Survey • A review of the National Wetland Inventory (NWI) • A review of 10 foot contours on the USGS topographic map 2.3.11 ENVIRONMENTAL IMPACT STATEMENT The initially-proposed 73.4-acre expanded Landfill required and was subject to a mandatory Environmental Impact Statement (EIS) under the requirements of Minn. R. 4410.4400, subp. 13(E) for expansion by 25 percent or more of a previous capacity of a MSW disposal facility for 100,000 cubic yards or more of waste fill per year. The EIS was completed in 2005 and approved in 2006. MPCA was the Responsible Governmental Unit (RGU) for that .EIS, the purpose of which was to evaluate and disclose information about the significant environmental effects of the proposed action. The EIS prepared for the initially-proposed 73.4-acre expanded Landfill concluded that environmental impacts would likely be minimal and management and mitigation standards were proposed that met or exceeded regulatory standards. 2.3.12 ALL OTHER INFORMATION AS DETERMINED BY CITY STAFF No additional information was requested as a part of the May 25, 2011 Agreement or during a meeting with the Environmental Administrator and City's environmental consultant on June 6, 2011. 2.4 LAND USE AMENDMENT REQUIREMENTS The City Code does not address the process or requirements for land use amendments. The Elk River Comprehensive Plan (dated August 2004) provides several statements related to implementing and amending the plan including the following: State Law sets forth a variety of requirements for putting the Comprehensive P/an into effect (p, 3-8). The application of zoning districts and the specific regu/ations must support the objectives of the Comprehensive Plan (p, 3-8). The regu/ations for each zoning district show/d be reviewed to determine if they fit with the intent of the Comprehensive P/an (p, 3-9), Elk River Landfill SDA Section 2-7 Land Use Application E KR~~µADi`` ~~'-~~~~ Zoning districts shoo/d be examined in relationship to /and use designations. Changes in zoning district will be needed to match zoning with land use (p. 3-9). Unlike the Metropo/itan Land P/arming Act (Minnesota Statutes, Section 473), which requires consistency between the land use p/an and zoning in cities within the Twin Cities metropo/itan area, E/k River may choose to take a number of implementation strategies (E/k River has typica/ly chosen to have zoning consistent with the Comprehensive Plan), The strategies inc/ude, but are not limited to, the fol%wing: - Keep current zoning in place until such time as the use terminates or redeye%pment is initiated - Rezone property to a zoning district compatible with a land use plan category - Deve%p an interim strategy to address current use situations as they re/ate to long term objectives (p. 3-9) Amendments to the P/an may originate from the P/arming Commission, City Council or another party with a vested interest in effected property. Adoption of amendments, however, can only be accomplished by City Council resolution. Al/amendments are subject to the same pub/ic hearing and two-thirds vote requirements as adoption of the original p/an (p. 3-10). The City's Land Use Amendment Form requires the following information to be submitted: • Land Use Application Form • Application Fee • Labels for Property Owners within 350 feet of the subject parcel obtained from the Sherburne County Property Tax Division • A typewritten narrative explaining the request in detail • Legal description/survey of subject property to be amended • All other information as determined by City Staff 2.4.1 LAND USE APPLICATION FORM See Section 2.2.3 of this application. 2.4..2 APPLICATION FEE See Section 2.2.4 of this application. 2.4.3 LIST OF PROPERTY OWNERS WITHIN 350 FEET See Section 2.2.2 of this application. 2.4.4 PROJECT NARRATIVE See Section 1.2 and 5.1 of this application. 2.4.5 LEGAL DESCRIPTION/SURVEY OF SUBJECT PROPERTY TO BE AMENDED See Section 2.2.6 of this application. r --------_ _ Elk River Landfill SDA Section 2-8 Land Use Application -- ~.~V~C1CI< 2.4.6 ALL OTHER INFORMATION AS DETERMINED BY STAFF i ~. , No additional information was requested as a part of the May 25, 2011 Agreement or during a meeting with the Environmental Administrator and the City's environmental consultant on June 6, 2011 in regards to the Land Use Amendment Application. Elk River Landfill SDA Land Use Application ,__, -- Section 2-9 `~lencl~ SECTION 3 Zoning Amendment -SWF Overlay District 3.1 ZONING AMENDMENT NARRATIVE The 31.8-acre portion of the expanded Landfill and buffer which is within the SDA is zoned A-1, Agricultural Conservation. The official request is to extend the SWF Overlay District to this portion of the SDA. The City's Zone Change Form requests in italics, with ERL's responses thereto, are as follows: Submission of a typewritten narrative that answers the fol%wing questions: ^ What are the reasons/purposes of the zone change? The nature of landfill operations requires it to expand in order to continue its operations. The purpose of the zone change request is to allow for the permitted expansion of the landfill within the SDA. What has changed to warrant the zone change? The existing MSW solid waste landfill will reach its currently permitted capacity in the near future, and the SDA will provide additional MSW design capacity. The nature of landfill operations requires it to expand in order to continue its operations. ^ How is the request consistent with the Comp P/an? The 2004 Comprehensive Plan (Plan) contains the following text within its vision statement, "As Energy City, Elk River seeks to promote sustainable and energy efficient forms of developments" (pg. 2-2). ERL's existing 137.4-acre landfill property includes a Landfill Gas to Energy Facility and the expanded Landfill provides the opportunity for additional green energy generation capacity. The southern-most 8.9-acre portion of the expanded Landfill, which is located within ERL's existing 137.4-acre landfill property, is guided "landfill" in the Plan. The Plan states that the "Landfill use is consistent with the current land use plan" (pg. 5-13). The entire SDA is guided "mining" in the Plan. The Plan states that the "[m]ining land use designation functions similar to the Urban Reserve. The primary objective of this land use category is to allow the current mining use of the land and address future land use when development becomes imminent" (pg. 5-13). The "mining" designation is consistent with this request as mining will continue to occur within the SDA. The Plan states that the discussions at the Comprehensive Plan Task Force meetings and public meetings has been to guide the future development of the "mining" area toward a combination of Commercial and Industrial uses close to existing and proposed roadway infrastructure (pg. 5- 13). The expanded Landfill is consistent with these discussions. The EIS found that "the proposed project is compatible with the existing and future land uses in the project area." The 31.8-acre portion of the expanded Landfill and buffer on the SDA is Elk River Landfill SDA Section 3-1 Land Use Application ~ ~ ` `- ~eCIC~< already guided for "mining," which is an industrial use, and landfilling is, per the EIS, an industrial use. The SWF Overlay District is compatible with the underlying Agricultural Conservation zoning district since the existing Landfill is zoned Agricultural Conservation and SWF Overlay District. ^ How compatible is it with surrounding properties? Adjacent land uses include TH 169, landfill, mining, the City's Railroad Hiking Trail, and rural residential uses. The EIS found that °the proposed Landfill expansion is compatible with the existing land uses in the project area which are primarily undeveloped or industrial (i.e., mining, landfill) in nature" (pg. 80). In accordance with the May 25, 2011 Agreement, ERL intends to provide a variety of trees along the perimeter berm of the expanded Landfill, southern and western access roads, and the future sedimentation ponds. A 200-foot buffer will also be maintained between the landfill footprint and property boundary. The open space end use planned for the site would be compatible with any adjacent future development. Any future end use plans will be in accordance with the May 25, 2011 Agreement. ^ What are the benefits to the city? Benefits include: ,~~' Landfill support of local businesses `' Landfill donates to local charities Property tax revenue Local employment City Host Fees in accordance with the May 25, 2011 Agreement Fees to Sherburne County, including the Landfill Legacy Grant Future open space Green power generation 3.2 ZONING AMENDMENT CONSIDERATIONS The Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division I. Generally, Section 30-575. Amendments, provides the considerations for reviewing zoning amendments required findings: Sec. 30-575, Amendments. (e) Action by council. Fol%wing planning commission consideration or the expiration of its review period, the council may hold such pub/ic hearings to consider the amendment as it deems advisable, Fol%wing the conclusion of the hearings, if any, the council may adopt the amendment, or any part thereof, in such form as it deems advisable, reject the amendment, or refer it to the p/arming commission for further consideration. In reviewing a proposed amendment, consideration shall be given to existing conditions within the area direct/y and indirectly affected by the proposal, the conservation of property va/ues, the use to which the property affected is being devoted at the time, and re%vant provisions, if any, in the /and use plan. 4 Elk River Landfill SDA ~~ Section 3-2 Land Use Application ' .1~1(E'f1Ck 3.3 WRITTEN STATEMENT ADDRESSING CONSIDERATIONS Written statements regarding each of the considerations is provided below. 3.3.1 EXISTING CONDITIONS WITHIN THE AREA DIRECTLY AND INDIRECTLY AFFECTED BY THE PROPOSAL The 31.8-acre portion of the SDA, which. is part of the expanded Landfill and its buffer, is currently used by a gravel mining operation. Landfllling will follow behind Tiller's mining operations. Tiller has an approved CUP from the City for mining the entire SDA, including the 31.8 acres. Adjacent land uses include TH 169 (east), landfill (north), mining (south), the City's Railroad Hiking Trail (adjacent to the west), and rural residential uses (non-adjacent to the west). The EIS found that ~~the proposed Landfill expansion is compatible with the existing land uses in the project area which are primarily undeveloped or industrial (i.e., mining, landfill) in nature" (pg. 80). ERL will maintain the 200-foot buffer between the expanded Landfill and the property line and to screen the expanded Landfill in accordance with the May 25, 2011 Agreement. The long-term proposed open space end use would be compatible with any adjacent future development uses surrounding the site. 3.3.2 CONSERVATION OF PROPERTY VALUES The expanded Landfill will not adversely impact property values. Studies have documented that `f _, property values adjacent to other landfill operations have not been negatively impacted by that proximity. The proposed land use change is an extension of an existing land use that has been in place for decades. Any impact on property market value from the presence of a landfill operation in the vicinity is already reflected in the current market value of the properties. The expanded Landfill does not change the present/absent condition. Long term, the open green space end use or end use agreed to per the terms in the May 25, 2011 Agreement would be compatible with any adjacent future development uses surrounding the site. As part of the application for the previously-proposed 68.8-acre expansion, ERL requested an expert opinion from Scott Ruppert, President of Ruppert Appraisal & Consultation, Inc. regarding "conservation of property values" (i.e., whether the proposed 68.8-acre landfill expansion will have an impact on property values within the immediate vicinity). Mr. Ruppert's opinion was provided to the City as part of the previously-proposed 68.8-acre expansion application. His conclusion was that "the proposed expansion will not .have a significant or material impact on property values within the immediate vicinity that is over and above any impacts resulting from the existing landfills and mining operations." 4 1 Elk River Landfill SDA _ Section 3-3 Land Use Application ~~en~~~ ELK RIVErt JtMnFt~i ' 3.3.3 THE USE TO WHICH THE PROPERTY AFFECTED IS BEING DEVOTED AT THE TIME The 31.8-acre portion of the expanded Landfill and its buffer which is located within the SDA is currently used by a gravel mining operation. Tiller has an approved CUP from City for mining the entire 109-acre SDA to the south of the existing landfill. 3.3.4 RELEVANT PROVISIONS IN THE LAND USE PLAN The Plan contains the following text within its vision statement, "As Energy City, Elk River seeks to promote sustainable and energy efficient forms of developments" (pg. 2-2). The expanded Landfill provides the opportunity for additional green energy generation capacity. The SDA is guided "Mining" in the land use plan. The Plan states that the "Mining land use designation functions similar to the Urban Reserve. The primary objective of this land use category is to allow the current mining use of the land and address future land use when development becomes imminent" (pg. 5-13). The "Mining" designation is consistent with this request as mining will continue to occur within the SDA. According to the Plan, City anticipated that it could achieve its growth projections between 2025 and 2032. The Plan did not attribute any job or population growth to the "Mining" areas (pg. 4-9). This suggests that development of the SDA is not imminent until after 2025-2032, which is compatible with the anticipated development schedule for the 31.8 acres within the SDA. The Plan states that the discussions at the Comprehensive Plan Task Force meetings and public meetings has been to guide the future development of the "Mining" area toward a combination of Commercial and Industrial uses close to existing and proposed roadway E` infrastructure (pg. 5-13). The expanded Landfill is consistent with these discussions as it provides for Industrial uses associated with mining and landfilling and provides the opportunity for Commercial end uses adjacent to major roadway infrastructure. Elk River Landfill SDA Section 3-4 Land Use Application t1VenCl~ SECTION 4 Conditional Use Permit for Sanitary Landfill 4.1 CONDITIONAL USE PERMIT NARRATIVE The CUP application requires the following narrative to the italicized questions below. Detailed description/scope of project (what is being proposed) See Section 1.2 for a complete description of the proposed project. ^ Hours of operation ERL will limit its operations to the hours of 6:00 a.m. to 7:00 p.m. Monday through Saturday, excluding holidays. During that time, the expanded Landfill will be operated in accordance with the operational requirements enforced by the MPCA permit. The expanded Landfill may accept waste during the off hours only under the following circumstances: The wastes have been approved for disposal. Acceptance of waste is necessary during off hours because of extraordinary circumstances. Each instance of off-hour acceptance will receive the prior approval of the City Environmental Administrator and such approval was granted during City business hours ^ Number of employees ERL employs approximately 12 people at the Landfill. The Landfill employee numbers are not expected to increase with the development of the expanded Landfill. ^ Number of parking stalls (existing and additional) The Landfill employees park their vehicles at the sites' office building located on the north side of the existing Landfill. There are 20 parking stalls located at the office building site as well as ample room for parking in the yard area to the north of the building. No additional parking stalls are proposed for the expanded Landfill. ^ Is there proposed screening of the site? The proposed Landscape/Screening plan presented is in accordance with the May 25, 2011 Agreement and shown on drawing "Screening Plan." ^ Proposed building materia/s Elk River Landfill SDA ~ Section 4-1 Land Use Application m ~ef7~~~ ELK RIPER IKEFILL l~ Design of any additional proposed buildings/structures has not been completed. The approximate location of these additional building/structures is shown on the °Site Development Plan" would be in accordance with the May 25, 2011 Agreement. ^ Signage (how many, proposed sizes, locations, type) ERL will maintain a sign at each entrance to the site which describes the wastes which may be disposed at the Landfill, including the expanded Landfill, and those wastes which will not be accepted. In addition to waste acceptance information, the site signage will also indicate the schedule of days and hours the facility is open to the public, prices for waste disposal at the site, the MPCA permit number, and a contact phone number for the Landfill. No new entrances are proposed for the expanded Landfill and, therefore, new signage will not be required. ^ Outdoor storage (what, how much, proposed screening) No outdoor storage is proposed. Adequate on-site enclosed storage is available for the maintenance and storage of the landfill equipment that is currently needed to operate the landfill. 4.2 CONDITIONAL USE PERMIT STANDARDS OF ISSUANCE The Elk River Code, Chapter 30. Land Development Regulations, Article VI. Zoning, Division 2. Administration and Enforcement, Subdivision III. Conditional Use Permits, governs the issuance of conditional use permits and establishes the following required findings: Sec. 30-654. Standards for issuance, (a) Required findings, The p/arming commission shall recommend a conditional use permit and the council sha/l order the issuance of such a permit only if it finds that such use at the proposed location: (I) Will not endanger, injure or detrimentally affect the use and enjoyment of other property in the immediate vicinity or the public health, safety, mora/s, comfort, convenience or general welfare of the neighborhood or the city. (2) Wi/l be consistent with the comprehensive plan. (3) Will not impede the normal and order/y deve%pment and improvement of surrounding vacant property, (4) Wi// be served adequate/y by and wi/l not adversely affect essential pub/ic facilities and services including streets, po/ice and fire protection, drainage, refuse disposal, water and sewer systems, parks and schoo/s; and wi//not, in particular, create traffic congestion or interference with traffic on adjacent and neighboring pub/ic thoroughfares. (5) Wi/l not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, g/are, odors, dust or vibrations, (6) Will not resu/t in the destruction, loss or damage of a natural, scenic or historic feature of major importance. ~~_._ Elk River Landfill SDA Section 4-2 Land Use Application "WE'nCl< I e~x avex uxosui (7) Wil/ fu/ly comply with all other requirements of this Code, including any applicable requirements and standards for the issuance of a license or permit to establish and operate the proposed use in the city. 4.3 WRITTEN STATEMENT ADDRESSING REQUIRED FINDINGS Written statements regarding each of the required findings are provided below. (1) Will not endanger, injure or detrimental/y affect the use and enjoyment of other property in the immediate vicinity or the public hea/th, safety, morals, comfort, convenience or general welfare of the neighborhood or the city. An EIS was prepared and approved in 2006 for the initially-proposed 73.4-acre expanded Landfill. The EIS evaluated potential impacts to groundwater, adjacent wetlands, and air quality and determined that impacts from the proposed 73.4-acre expanded Landfill were expected to be minimal, or that adequate mitigation plans were in place to address potential impacts. Consistent with its approved CUP for the existing Landfill, the following standards will continue to be met for the expanded Landfill: Groundwater. The expanded Landfill, as designed, is a modern, lined landfill that meets or exceeds all health and safety regulatory requirements. Modern landfills are designed to protect groundwater by preventing a release from contacting the environment outside of the landfill and by minimizing the volume of liquid (leachate) that could impair groundwater quality in the event of a release. Groundwater monitoring networks and monitoring programs are additional design features that detect changes in water quality that can indicate a failure of the liner system before it becomes a health risk and to allow for implementation of corrective actions to prevent an impact to the environment. Federal, state, and county regulations establish siting, monitoring, water quality, and other standards to protect groundwater resources. The site development and analysis and monitoring well network proposed for the expanded Landfill meet or exceed those standards and requirements. Gas Grass Proter~ive Clay .~~ Foundation Groundwater Cap Cap [~ Venting Gas Nb nitori ng I ~~, r'-~~"°~~'~`~f'~~"~ LaY~ hAonit on ng 4Vel I Dr. ir- ~~F Lai; er yrh heti c - Li ner Leachate Colle#ion System ' Grour~iiti-~~ter Table Probe ~~ CI ~~ ~ ~ Liner ~-- ~_ n:py_:e~ 3ut_ _,~I Backup Leachate Pumps. ERL will maintain backup pumps or will maintain provisions to restore leachate pumping capabilities for use in the event of pump failure at the leachate sump, wet well and leachate storage tank on-site. ERL will adhere to the ~~Leachate Management Plan" as approved by MPCA. Leachate Storage Tank. ERL will ensure that existing and/or proposed leachate tanks are pumped out on a regular schedule. Leachate will not be allowed to collect on the liner to a depth exceeding one foot due to the. leachate tank being full. Elk River Landfill SDA ~ tSection 4-3 Land Use Application ~E'11C1~ E~K,~„~.~..o..« _ Leachate Recirculation. Remedies for problems arising from leachate recirculation include, but are not limited to, the cessation of leachate recirculation and reverting back to traditional leachate treatment. Groundwater Quality. ERL will perform on-site water quality testing at the monitoring wells in the manner required by the MPCA permit. ERL will also annually sample the individual private wells identified in the Phase IV Water Quality Monitoring Work Plan as required. The Water Quality Report shall be submitted to the City when it is submitted to the MPCA. Surface Water Quality. ERL will have surface water quality tests performed in conjunction with sampling events when water is present as may be required by the MPCA permit. Phase IV Water Quality Monitoring Work Plan. The Phase IV Water Quality Monitoring Work Plan which describes the sampling frequency, parameters, protocols and reporting frequency for landfill gas, leachate, leachate piezometers, leachate, lysimeter, residential wells, groundwater monitoring wells and surface water will be updated annually to reflect changes in the monitoring systems. Hydrogeolo iq c Reports. The investigation of the hydrological and geophysical characteristics of the site will be continued and any other new information relating to the hydrogeologic impact of the site will be reported to City. Hydrogeologic reports will be updated, amended, and modified as warranted by newly discovered or additional data acquired in the continued hydrogeologic investigation. Gas Collection System. ERL shall conduct active landfill gas collection in accordance with approved plans and shall construct additional phases of the gas system at the time of final cover construction. ERL will annually assess the effectiveness of active gas collection operations as part of their annual report. Stormwater. Stormwater generated from the site will be discharged via a storm sewer system, under the exterior roadway to the north end of the expanded Landfill, then west under the City Trail into a wetland upstream of the Rice Lake wetland complex. The discharge point will be onto property owned by the ERL. Discharge to the wetland west of the site has been designed to minimize impacts by limiting bounce in the wetland, restricting flow rates, and treating Stormwater prior to discharge in accordance with applicable permits. The Stormwater management system will be regularly inspected and maintained to ensure it is functioning properly. City Notifications and Access. ERL will notify City at least two days in advance of liner barrier layer installation or final cover barrier layer installation. ERL will also notify City at least two days in advance of any soil boring or well construction required. ERL will assist City in arranging inspection of the site at any reasonable time City requests. ERL will keep City informed of ongoing construction progress and shall specifically notify City of significant changes encountered in the geological, hydrological, or construction conditions. City may reasonably require work which is covered or otherwise obscured prior to City inspection, to be re-excavated for City inspection. Construction Quality Assurance Reports. A Construction Quality Assurance (CQA) Report will be submitted to the City prior to the placement of waste on newly constructed lined areas. A CQA Report shall also be submitted for landfill areas which receive final cover. Aesthetics. Visual impacts will be minimized through buffers, berms, and trees in accordance with the May 25, 2011 Agreement. As required, a 200-foot buffer zone will be located between the expanded Landfill and the property line. The proposed Landscape/Screening plan for the expanded Landfill is presented in Section 1.2.2 and drawing "Screening Plan." Per the May 25, 2011 Agreement, ERL will plant a variety of species of trees along the proposed perimeter and access roads and southern sedimentation pond. Elk River Landfill SDA Section 4-4 Land Use Application `1~VenCl{ Litter Control. As is the current practice, ERL will engage in a regular and routine litter maintenance and removal program extending one-half mile north and south of the entrance to the Landfill and to any other areas adversely impacted by debris related to Landfill operations as may be determined by City. Litter will be removed from these areas not less than once per week and more often if necessary because of spills or complaints from neighboring property owners, and ensure that these areas are kept free of litter generated by truck traffic traveling to and from the Landfill, including the expanded Landfill. Odor. Odors will be controlled by minimizing the size of the active disposal area, properly covering the waste daily, and by incorporation of the gas collection system for the expanded Landfill. The facility operates in accordance with an approved Odor Control Plan and constantly monitors for potential odor issues. Odor complaints received by the facility are tracked, and the Landfill promptly investigates every odor complaint and takes corrective actions when odors can be traced to a specific condition. ERL routinely monitors and tests emissions from the landfill, flare(s), and landfill gas to energy plant as required by both the facility's air quality and solid waste permits, and will continue to do so. Surface scans at the existing Landfill are also regularly performed by ERL in compliance with the facility's permits and as part of regular operations. Performance testing of the flare(s) and internal combustion engines are all within permitted levels. There is a potential for odor releases from the expanded Landfill, however, this potential is not an increase over current conditions. ERL has an odor. complaint tracking system in place, and promptly investigates all complaints received. Safe .The expanded Landfill will adhere to applicable safety standards. The expanded Landfill will have a security fence around the perimeter of the site. A gate is provided at the entrance to the site and kept locked when an attendant is not on duty. Adequate communication facilities are provided for emergency purposes, including mobile phones and two-way radios. Emergency first aid equipment consisting of at least one first aid kit kept near the working face, and at least one shower on site available to all personnel and customers will be supplied. At least one of every four Landfill personnel will be trained in first aid and CPR. ERL will, during all hours of operation, maintain and operate a separate suitable and safe disposal area for the dumping of small loads by pickup trucks, cars, and trailers. This separate site will be located and operated with due regard for the nature of the vehicles bringing such loads, and the normal frequency. of such dumping. Equipment and Storage Facilities. Adequate equipment will be supplied capable of spreading and compacting the refuse as received. At least one machine capable of covering the working face, in its entirety at the end of the day, will be supplied. As under existing conditions, adequate on-site shelter will be provided for maintenance and storage, sufficient to supply the equipment required, during cold weather operations. Signa4e. ERL maintains at each entrance to the landfill property a sign stating the name of the facility, the schedule of days and hours the facility is open to the public, prices for use of the facility, the MPCA permit number, and contact information. No new entrances are proposed, thus additional signage will not be needed. Elk River Landfill SDA a - Section 4-S Land Use Application ~ `~1(E'C1Cl< (Z) Wil/ be consistent with the comprehensive p/an. The Plan contains the following text within its vision statement, "As Energy City, Elk River seeks to promote sustainable and energy efficient forms of developments" (pg. 2-2). The existing Landfill includes a Landfill Gas to Energy Facility and the expanded Landfill provides the opportunity for additional green energy generation capacity. The 8.9 acres of the expanded Landfill, which is located within ERL's existing 137.4-acre landfill property, is guided "Landfill" in the Plan. The Plan states that the "Landfill use is consistent with the current land use plan" (pg. 5-13). The entire SDA is guided "Mining" in the land use plan. The Plan states that the "Mining land use designation functions similar to the Urban Reserve. The primary objective of this land use category is to allow the current mining use of the land and address future land use when development becomes imminent" (pg. 5-13). The "Mining" designation is consistent with this request as mining will continue to occur within the SDA. According to the Plan, City anticipated that it could achieve its growth projections between 2025 and 2032. The Plan did not attribute any job or population growth to the Mining land use areas (pg. 4-9). This suggests that development of the SDA is not imminent until after 2025-2032, which is compatible with the anticipated development schedule for the expanded Landfill. The EIS found that "the proposed project is compatible with the existing and future land uses in the project area" (pg. 4). The SDA is guided for mining, which is an industrial use, and landfilling is, per the EIS, an industrial use. (3) Wil/not impede the norma/and orderly deve%pment and improvement of surrounding vacant property. Area to East and South. The Plan guides the area to the east of the expanded Landfill, across TH 169, as "Commercial Reserve", held in reserve for future commercial development by highway business uses. The Plan notes that this area is not currently served by municipal utilities, and the Plan guides development first to vacant land already served by utilities before opening up new areas for growth (pg. 5-li). The Plan guides the area to the south of the expanded Landfill as "Mining." It is currently being used for that purpose. According to the Plan, City anticipated that it could achieve its growth projections between 2025 and 2032. The Plan did not attribute any job or population growth to the Mining or Urban Reserve land use areas (pg. 4-9). This suggests that development of the SDA and surrounding area is not imminent until after 2025-2032, which is compatible with the anticipated development schedule and closure of the expanded Landfill. Area to West and Southwest. The area to the west and southwest of the expanded Landfill is .currently zoned either "Agricultural Conservation," and/or "Single Family Residential". The Plan indicates this area is expected to transition to "Rural Residential," which recently occurred in early 2010, though the zoning map still indicates "Agriculture Conservation." Allowed uses in Agricultural Conservation lands are agriculture and single family residential on large lots (10+ acres) or clustered development (10 units per acre). Allowed land uses in Rural Residential areas are single family residential on medium lots (2.5+ acres) or clustered development. Rural Residential uses are not served by municipal sewer and water. ---_-~ -- Elk River Landfill SDA ~ ~ Section 4-6 Land Use Application ~~, -.. _ -1~ellC1{ ECK RIYEE wailLl _ The expanded Landfill is not expected to generate additional traffic, noise, fumes, odor or impacts that may be unsightly, unattractive or unappealing to developers or future property owners. The EIS concluded that groundwater flow in the affected area is to the southwest. Development in this area would be reliant on private wells for potable water. As described in the response to CUP finding number 1, a groundwater monitoring plan is in place to monitor groundwater and downgradient private wells for any indication of groundwater contamination well before that potential contamination would pose a health risk. (4) Will be served adequately by and will not adverse/y affect essential public facilities and services inc/uding streets, police and fire protection, drainage, refuse disposa/, water and sewer systems, parks and schools; and wil/not, in particular, create traf is congestion or interference with traffic on adjacent and neighboring public thoroughfares, Public Facilities and Services. The expanded Landfill will be adequately served by existing public facilities and services. Streets and Traffic. Construction of the expanded Landfill is not expected to increase traffic or hauling, thus there would be no adverse impacts to city streets, congestion, or interference with traffic. Adequate vehicle stacking facilities are provided to ensure that no vehicle desiring entry into the expanded Landfill has to wait outside the perimeter of the landfill property. An all-weather haul road will be provided to the unloading area of the expanded Landfill and watered on a regular basis. A new scale may be added for the expanded Landfill in the future. Police and Fire. The expanded Landfill would not require additional police and fire protection, or increased use of other emergency services. Fire fighting equipment including at least one piece of heavy equipment, fire extinguishers in all machines working in the expanded Landfill, and a water truck will be kept available on the site during the active life of the expanded Landfill. The self-contained breathing apparatus purchased for the City Fire Department is available at the Fire Department for use by ERL on a temporary basis, as approved by the Fire Chief. ERL will make a landfill operator available at the request of the City Fire Chief to consult and advise the fire department about landfill fire fighting issues. Parks and Schools. As an industrial use, the expanded Landfill does not generate park or school needs. The proposed end use of the facility includes open green space, and any changes to the proposed end use would be in accordance with the May 25, 2011 Agreement. Sewer and Water. The site is adequately served by on-site sanitary sewer and potable water. ERL has its own well that supplies a potable water supply for site personnel. Adequate sanitary facilities and shelter will continue to be provided for site personnel. Stormwater Management. A stormwater management plan has been developed for the site expansion that meets the requirements of the National Pollutant Discharge Elimination System (NPDES) Construction Permit requirements for erosion control and temporary and permanent stormwater management. ERL will apply for coverage of the expanded Landfill under the existing Minnesota General Permit for Authorization to Discharge Stormwater Association with Industrial Activity. ERL's existing Stormwater Pollution Prevention Plan (SWPPP) will also be updated to include the expanded Landfill in accordance with Minnesota General Permit for Authorization to Discharge Stormwater Association with Industrial Activity. Elk River Landfill SDA ~ _ Section 4-7 Land Use Application V1IertCl< Electrical Service. Adequate electrical service is provided at the site for operations and repairs. The expanded Landfill will generate electricity at the landfill gas to energy facility. (5) Will not invo/ve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons or property because of excessive traffic, noise, smoke, fumes, g/are, odors, dust or vibrations. Traffic. The expanded Landfill will not generate excessive traffic. Traffic issues were addressed in the Scoping EAW for the initially-proposed 73.4-acre expanded Landfill. No additional traffic is expected to be generated by the operations. The Scoping EAW concluded that since the overall operation of the initially-proposed 73.4-acre expanded Landfill is not anticipated to include significant increases in waste flow over the current operation, effects on traffic congestion would be expected to be minimal. Noise. No additional operating noise is expected to be generated by the 27.2-acre expanded Landfill. As is currently the practice, noise will be minimized through the following: All equipment and vehicles utilized at the landfill site will be periodically inspected and maintained to minimize noise. Applicable state standards for noise pollution will not be exceeded by the landfill operation, equipment, vehicles, or machinery. Smoke. The expanded Landfill will not generate smoke. Fumes. See Odor discussion in the statements regarding CUP finding number 1. Glare. The expanded Landfill will not utilize lighting that will create glare or light trespass issues. Odors. See Odor discussion in the statements regarding CUP finding number 1. Dust. Fugitive dust emissions off-site will be controlled at the landfill site as necessary by undertaking the following and in accordance with the facility's Fugitive Emissions Control Plan: ERL staff regularly checks for dust and other fugitive emissions in accordance with the Fugitive Emissions Control Plan. Road surfaces within the landfill site will be wetted with water or an appropriate chemical whenever off-site dust levels become unreasonable as determined by the Environmental Administrator. Dust pollutives will be utilized to the extent necessary on cover material such as stockpiles to reduce wind erosion as well as on other exposed surfaces as appropriate. Cover compaction and revegetation activities will be undertaken promptly on the completion of various fill areas and vegetative cover capable of quick growth will be utilized. Vibration. See response to noise above. (6) Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. r'" ti, Elk River Landfill SDA _ ~ - Section 4-8 Land Use Application '" WE'nC1~ E~Ka„E. ~,,,.a~~~. Features of Major Importance. There are no known natural, scenic, or historic features of major importance on the expanded Landfill and buffer area. Historic and Archaeological Features. The Minnesota State Historic Preservation (SHPO) was contacted regarding archaeological and historical features. SHPO concluded that no properties within the initially-proposed 73.4-acre expanded Landfill are listed on the National or State Registers of Historic Places and that no known or suspected archaeological properties in the area will be affected by the much larger expansion. Other Features: The following addresses other natural .features at the expanded Landfill and buffer. Wetlands. Impacts to wetlands are not anticipated with the expanded Landfill. The potential for contamination of groundwater discharging to the Rice Lake/Tibbits Brook wetland complex due to the development of the expanded Landfill is remote. A hydrogeologic investigation performed by the MPCA as part of the EIS determined that only a very small portion of groundwater from the expanded Landfill can move to discharge at the Rice Lake/Tibbits Brook wetland complex. One or more monitoring wells will be situated between the expanded Landfill and the complex to provide for early detection of any releases. No wetlands that would require mitigation under the Wetland Conservation Act will be impacted. Oak Wilt Prevention. As a method to prevent oak wilt, ERL will not conduct any tree removal operations at the expanded Landfill and buffer between April 15 and July 15 (r each year. In addition, oak stumps will be removed prior to April 15 each year. When removing trees and stumps, ERL will prevent damage to remaining trees. (7) Will fu//y comp/y with a/l other requirements of this Code, including any applicable requirements and standards for the issuance of a /icense or permit to establish and operate the proposed use in the city. ERL has in place an approved sanitary landfill CUP and SWF license. The expanded Landfill will continue to operate as it has in the past, in accordance with City's requirements. ~~.. Elk River Landfill SDA Section 4-9 Land Use Application ~ 'a~E'C1Ck RK NVli. JwoG1.1 SECTION 5 Land Use Amendment 5.1 LAND USE AMENDMENT NARRATIVE The SDA is guided "Mining" on the land use plan. The Land Use Amendment application form requires a typewritten narrative that provides the information below. ^ Detailed description/scope of project - what is being proposed See Section 1.2 for a complete description of the proposed project. ^ What are the reasons/purposes for the proposed Land Use Change? What has changed to warrant the Land Use Change? ERL believes that the expanded Landfill does not require a Land Use Change and that the expansion is consistent with the Plan. Nonetheless, at City's request, ERL seeks such a Land Use Change. The SDA is guided "Mining" on the Plan and current mining operations will continue. The EIS found that "the proposed project is compatible with the existing and future land uses in the project area" (pg. 4). The SDA is guided for "mining," which is an industrial use, and "landfilling" is, per the EIS, an industrial use. How is the request consistent with the City of E/k River Comprehensive Plan? The Plan contains the following text within its vision statement, °As Energy City, Elk River seeks to promote sustainable and energy efficient forms of developments" (pg. 2-2). The expanded Landfill provides the opportunity for additional green energy generation capacity. A 8.9-acre portion of the expanded Landfill is located within ERL's existing 137.4-acre landfill property, which is guided "Landfill" in the land use plan. The Plan states that the "Landfill use is consistent with the current land use plan" (pg. 5-13). The SDA is guided "Mining" in the land use plan. The Plan states that the "Mining land use designation functions similar to the Urban Reserve. The primary objective of this land use category is to allow the current mining use of the land and address future land use when development becomes imminent" (pg. 5-13). The "Mining" designation is consistent with this request as mining will continue to occur within the SDA. According to the Plan, City anticipated that it could achieve its growth projections between 2025 and 2032. The Plan did not attribute any job or population growth to the Mining land use areas (pg. 4-9). This suggests that development of the SDA is not imminent until after 2025- 2032, which is compatible with the anticipated development schedule for the SDA (see Table 1 in Section 1.2 of this application). The Plan states that the discussions at the Comprehensive Plan Task Force meetings and public meetings has been to guide the future development of the "Mining" area toward a combination of Commercial and Industrial uses close to existing and proposed roadway infrastructure (pg. 5-13). The SDA is consistent with these discussions as it provides for Industrial uses associated with mining and landfilling and provides the opportunity for Commercial end uses adjacent to major roadway infrastructure. Elk River Landfill SDA ~ Section 5-1 Land Use Application - 1~fenCl< ELK RIVEK LLN6i1L The EIS found that "the proposed project is compatible with the existing and future land uses in -the project area" (pg. 4). The SDA is guided for "mining," which is an industrial use, and "landfilling" is, per the EIS, an industrial use. How compatib/e is it with surrounding properties? Adjacent existing land uses include TH 169 (east), landfill (north), mining (south), the City's Railroad Hiking Trail (immediately adjacent to the west), and rural residential uses (not immediately adjacent to the west). The EIS found that "the proposed Landfill expansion is compatible with the existing land uses in the project area which are primarily undeveloped or industrial (i.e., mining, landfill) in nature" (pg. 80). ERL intends to screen the facility in accordance with the May 25, 2011 Agreement. A 200-foot buffer area will be present between the landfill footprint and the property line. The End Use of the facility includes attractive open space, which will become an asset to the surrounding area upon closure of the landfill. What are the benefits to the City? Benefits include: Landfill support of local businesses Landfill donates to local charities Property tax revenue Local employment City Host Fees in accordance with the May 25, 2011 Agreement Fees to Sherburne County, including the Landfill Legacy Grant Future open space Green power generation Elk River Landfill SDA ~ Section 5-2 Land Use Application WenCk --~°~., N 246000 N 246500 1 mCC~ = I m ~ g ~ :^ mmmv ~ A .' m~a > po A O f I nN G ~sv g =z ~-z~ s v ~ mKg -1 m~g A ~ ' ~ amen ~ _':!? m '. _°_ N ~ ~ ~` ~, : ~ ,~ ~ K• ~. ~ ~ .i. 1 V. •. .. ,, ... IPA. - ,... :~ ~ -~, .,, _. .., -~ 1 m ~ ~ ~ ~ ~. ., ~t ~ ~ '~ ~. ,- ,~ ~-~^ ~C x ~1 y -~ n ~~~ .._ W G '~--~~ fl ~ ~ '... ~ ['l ~r ~, N 246000 N 246>00 1 mCC~ O OpCD ~nr ' Cte m :n:wr~~ 1 ~ m~ ~ rr 1 ' y s ' o~° _ m f z ~'z-~+- = y~ I sv~ i c=io~ ^7D m sc -a m$ ~ NO N 1 y ~~N AC n I ' li Z g ~. 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I f _ i _ _ _. ~ _ I... _ '. ~ _ ~ _ i _. __ _ > _. ~_ . _ , ~_._ ~ _ _. __ __ ., .. __ .. _ ~. ,, { i I~~ _. .__ I, ,~ Wenck August 18, 2011 Rebecca Haug Environmental Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Response to Comments received at August 4, 2011 meeting: Land Use Application for 27.2 Acre Southern Expansion Elk River Landfill Dear Ms. Haug: Wenck Associates, Inc. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, MN 55359-0249 (763) 479-4200 Fax (763) 479-4242 E-mail: wenckmp@wenck.com AUG 1 9 2011 On behalf of Waste Management, it-was our pleasure to meet with you on August 4, 2011 to discuss the remaining comments on our Land Use Application that is on the agenda for approval at the City Council meeting scheduled for September 19, 2011. As discussed below are the responses to the nine items that were the topic of our discussion on the August 4, 2011 meeting. As you indicated the following nine items as they relate to policy and technical issues are: Technical Issues: 1. Additional storage capacity for Pond P-2 can be obtained by resetting the outlet elevation from 1021 to 1025. Similarly, the outlet for Pond P-1 should be reset from elevation 993 to 995, with a corresponding adjustment in the elevation for the south inlet pipe from the west downslope structure. Response: ERL has designed the sedimentation basins as a part of the site storm water management network to handle a designed storm event, control discharge rates, and minimize erosion. Capacity of the ponds must include storm retention capacity as well as "free-board" capacity to control discharge rates that will minimize erosion. Outlet elevations are defined as a part of the design process and cannot be changed without consideration for the design. Changing the elevations of the discharges increases the permanent holding capacity of the pond but reduces the storage/retention capacity of the pond to handle the storm events, which is critical for the overall storm water management system. The ERL has prepared a revised and more descriptive summary of the storm water management system including a revised subwatershed map that may help to clarify the design basis for the stormwater management system. This as well as the HydroCad model runs for the 25 yr and 100 yr storm events are provided in Attachment L 2. The length of uncontrolled surface water drainage for final cover topslopes is excessive. Additional surface water control berms are needed to break up the area to prevent surface erosion. A particular concern exists for the west portion of expansion area where surface water from topslopes is designed to flow onto sideslopes. The proposed drainage downslope structures must be extended up the slope and additional routing berms placed to provide conveyance for surface water drainage collected on top slopes. These plan revisions will be necessary before Planning Commission review. T:\0742\1406Vune1 ] CityApp\Comment response\Response_081811 \LRH_0804 ] 1 MtgResponse_081811.docx Rebecca Haug City of Elk River August 18, 2011 Page 2 Response: The ERL has modified the final cover drainage design to incorporate the drainage terrace at the break in grade on the top of the west slope. The proposed downslope structure, erosion control matting, and intermediate drainage control pipes have also been modified to incorporate the revisions. A copy of the final cover drainage design is attached as Attachment 2. 3. Temporary final cover is proposed as an element of the September 2008 "Leachate Recirculation Permit Application "proposal. The plans need to be revised to identify the criteria for when an area would receive temporary final cover indicating the maximum length of time. of inactive fill operations. Similarly, the maximum area allowed for inactive fill areas prior to placing temporary final cover needs to be on the plans. Response: Temporary cover systems have been tried over time to address many different elements of landfill operations. Currently, the systems that have been tried have not proven to be sustainable. As new ideas are introduced some are tried in pilot type programs to verify their sustainability. The ERL commits to continue to respond to new technology in regard to temporary cover system as they realize how important this is not only to their operation, but to the surrounding residents of Elk River, as well. There will be continued attempts to identify other sustainable system in the future. As systems are evaluated the performance of them will be summarized in the annual reports that are prepared and submitted to the City. 4. Gas Probe Monitoring and Anal Significant positive pressure readings for gas probes have been indicated over the past several years. This condition may indicate landfill gas migration beyond the waste boundaries. In order to fully evaluate this situation, the landfill must collect and report gas concentration and pressure for each probe for each monitoring event. The landfill must also collect temperature and barometric pressure for the site at the time of the monitoring event and the preceding three days before the monitoring event. All gas probe monitoring data must be fully evaluated in the annual operating report. Response: Although the US EPA and MPCA do not require pressure readings on gas probes and gas probes are subject to atmospheric conditions, thereby limiting the viability of pressure data, the ERL will collect the pressure readings at the probes using appropriate sampling techniques if methane is present in the probes. Thus information will be collected, if applicable, for one license period. Results will be reported and evaluated in the applicable annual report. The requested temperature and barometric pressure data will be provided from the on-site weather station for several hours prior to the monitoring event on the day of the event and results will be provided in the Annual Report. 5. Ambient Air Monitoring The current air monitoring for landfill gas emissions field survey is only conducted for the topslope area accounts for roughly 20 percent of the fill area. There is a higher likelihood that emissions will occur on the sideslope based on the horizontal stratification of the waste and preferred movement of landfill gas. ERL must modify the area of traverse to include all sideslope and topslope areas for ambient air monitoring events. The safety concern for vehicles on landfill sideslopes can be mitigated by traverse on foot with the survey instrument. T:\07420 406Uune11 CByApp\Comment response\Response_0818111LRH_080411 MtgResponse_081811.docx Rebecca Haug City of Elk River August 18, 2011 Page 3 Response: ERL is in compliance with NSPS requirements for surface emissions monitoring. Areas to be traversed on a landfill safely by a technician have been the topic of many discussions. The ERL is committed to including additional areas as they deem can be accessed in a safe method. ERL will evaluate the patterns traversed and encourage the route to include all safe areas at the time of surface emissions monitoring. Policv Issues: 6. Legal Description The City Engineer has reviewed the legal description provided with your application and determined that it describes an area to be reguided and rezoned at 32.76 acres. As you know, the June Settlement Agreement ("Agreement') provides for reguiding and rezoning of an area not to exceed 31,8 acres. Accordingly, the City Engineer corrected the legal description submitted as shown on the attachment to this letter. The corrected description describes the 31.8 acre area south of the existing southerly landfill boundary. This will be the legal description of the property to be reguided to Landfill and zoned into the SWF -Solid Waste Facility Overlay district. The City Engineer has prepared a separate legal description for the amended conditional use permit and license. This description will include all of the land between the Railroad Trail and Highway 169 from the northern city limits to the southern edge of the area to be reguided and rezoned. Response: The Settlement Agreement between the City of Elk River and the Elk River Landfill, dated May 25, 2011 (Agreement) specifies three criteria to be used to define legal property descriptions for the facility. These criteria are: 1) 27.2- acre landfill design footprint, 2) a 200 foot buffer, 3) and a reguided and rezoned overlay district of no more than 31.8 acres. Since the description provided by the City Engineer does not satisfy all three criteria as it would require a reduction to either the 27.2 acre footprint or the 200 foot buffer, which is not in compliance with the Agreement, subsequent meetings and discussions with the City of Elk River staff and council members indicated that they would be willing to accept the 33 acre parcel description provided in the June 27, 2011 Application to the City, as long as it is clear that there will be no landfilling activities conducted in each of the two southernmost corners (i.e., 0.6 acres each) of that 33-acre area. The revised plan sheets indicate the reguided and rezoned property of 33 acres well as the proposed "buffer area" curved line of 31.8 acres. 7. The plans confirm that berming and screening will be provided along Highway 169, 221 sc and the City s trail. To serve its intended purpose and to fully mitigate the adverse effects on the City of the landfill and its expansion, this berming and screening must be in place prior to removal of any vegetation from the existing 200' buffer. Response: The berms will be enhanced per the Agreement with "vegetation and a variety of types of trees." Although the removal of vegetation for excavation in the area of the existing 200' buffer needs to occur simultaneously with berm enhancement and cell construction, this will not occur until the berm along 221St St has been constructed. As each cell is constructed the east and west berms and vegetation will be established. The berms and vegetation along the southern section of the expansion would occur with-the last cell construction. The sequence of incremental berm construction as each cell is excavated requires a removal of existing trees and only as needed thus preserving the existing vegetation as long as T:\0742\1406Uunel ICityApp\Comment response\Response_081811\LRH_080411MtgRespouse_081811.docx Rebecca Haug City of Elk River August 18, 2011 Page 4 possible. The existing vegetation and land surface between the southern toe of the landfill berm and 221St Street will remain as is until and/or if it is mined. As far as the phasing of the vegetation establishment on the west and south buffer property, in general, in addition to the vegetation previously proposed, we will vegetate the lower 10 feet of the 3 :1 berm with a loose density of evergreen trees. Interspersed with the evergreens, the ERL will place a faster growing native specie of tree, such as poplar. Native hardwoods, such as maples and oak trees, will be placed along the existing roadway near the trail where the native soils have not been disturbed. This variety of evergreen, fast growing and native hardwoods trees will be the most visible and provide the best screening from the trail. The phasing of the vegetation is shown in Attachment 3, but generally follows the three phases as outlined below: Phase 1: Will coincide with construction of the berm for Cell 18 along the trail on the west and Hwy 169 on the east side. Vegetation will be established on the 3:1 slopes as described above, which will run from approximately the current property line and extent to the north to tie-in with the existing vegetation. On the west side, this would include establishing vegetation north up to and around the existing/expanded sedimentation pond. Phase 2: Will coincide with the construction of the remaining berms on the east and west side, and establish vegetation as described above from the approximate proposed property line to tie in with the vegetation that was established in Phase 1. This will be done in approximately 2 phases to coincide with the construction of Cell 19 and the base of Ce1120. Phase 3: Will coincide with the construction of the southern slope of Ce1120, and establish the vegetation on the 3 :1 slopes on the south side of the perimeter berm. 8. A mining access road with a width of 36 feet is shown within the west buffer area. This is connected to an existing access road which is approximately 20 feet in width: The City will require that the new mining road width be reduced to 20 feet to correspond to the connecting access road, and to preserve more of the existing vegetation. Response: The proposed expansion design consolidated two roadways into one along the west boundary. The elimination of one road helps to preserve the native screening and minimize soil disturbances. Although the access road can not have the reduced width that the City requested, the ERL has developed an alternative access road design that re-locates the access road to further north on the existing ERL property and provides a more stable 3:1 berm that would be capable of sustaining several varieties of screening vegetation. The alternative proposed access road alignment is shown in Attachment 3. 9. The plans show portions of the buffer area grading slope at a 2:1 ratio in the vicinity of Cell 18. This helps to reduce the extent of grading. To preserve more of the existing vegetation, the City will require that these 2:1 slopes also be used in the Cell 18-Cell 20 west buffer areas where 3:1 slopes are shown on the Plans. Appropriate erosion control protection will be required for all buffer area slopes. Response: We believe that 2:1 slopes will not sustain trees and that it is difficult to sustain even dense groundcover vegetation (grasses). Two transitional areas for the SDA show a 2:1 slope where tie-ins to existing conditions had to be made. All other slopes in the expansion and shown on the Agreement documents are designed to be a minimum of 3:1. Erosion control protection on any slope less than a 3:1 T:\07420406UunellCityApp\Comment rosponse\Response_08181 I\LRH_080411MtgResponse_OSI811.docx Rebecca Haug City of Elk River August 18, 2011 Page 5 requires diligent maintenance to sustain grasses and is not sustainable when planting trees. The ERL has developed an alternative grading plan and access road proposal that eliminates the 2: l .slopes on the west side of the facility and provides additional screening of the operation with trees planted closer to the City trail for a more effective use for the screening vegetation. Once again, we thank you for your dedication to providing an acceptable expansion to the Elk River landfill facility. Although we believe we have addressed the remaining issues discussed at our meeting on August 4, 2011, please let us know if there are any additional clarifications that you need from us. Sincerely, WENCK ASSOCIATES, INC. ~ ~~ ` G%~~ Joanna C. Larson, P.E. Project Manager cc: Matthew L. Ledvina. P.E., Landmark Env. Gerard Hamblin, WM Debra Walters, ERL Attachments: 1 Stormwater Management System Summary, Subwatershed Map, and Model Runs 2 Revised Final Cover Drainage Plan 3 Alternative Access Road and West Side Vegetation Sequence Drawing T:\0742\I406Vune1 ] CityApp\Comment response\Response_08181 I \LRIi_080411 MtgResponse_081811.docx N 26000 N 26500 ~ ~-'m-~ t ~~~~ ~ r ~ w w • I t ~ ~ A t 1 I 0 t Cf t s$sO 4 _ 9 ~ ~ NN O llllnnnn I ~p i ~ ~ , $$ ~A~ c Iw o ~ tg ~i~ ~ - ~~ ~ ~ N ~ - ~ >. t .Min I g UK~ ~> tt~ =8-~ ~ = '' N~ ~~ ~ 1 ~ ~ inw ~ ~ ~ r I _ ~~ N~ ~ r C rs _ ~~~~ _ ~~ ~ O ~ ~ O ~ O~ C O O N C O~ 0 .: O~ D O~ Dom, ~o.~_ ~ o ~ ~ o ~ ~~ ~ -~~~ ~ -~3° ~ o~~ o~~g - - ~m ~ mom- o o rn ti cn c~ ~ cfl o ~, co ~ ~ .~ ,-* c0 ~?. Q Cn ~?. Q N C7 ~ CA cn Cn W p ' W (~ Cfl !, ~ni+ U CO `G O Cn~G ~ vii O ~, CDN~ NNE O 00~ C -n-~,~~ y,~3~ e O ~ O I'Tl " CI0O N 000 C fR N ~ N -~ i ~ ~ _a ~ C7 ~, n ~. ~~ ~~~ CnN ~~' ~ ~ N N ~ N U? "~ W ~ W Cb ti ~i (n _ N O y ~ ~ yY N (P ~ A ~I ~ 1Tp ~g I ~ a o ~ ~ t ~ ~ ___.`_ -. ~. - _-- ___.~~ I N ~ ~ _ .__. _~ ~~ ~ i ~_a ~ vN ~ N N --__-_-:~ ~ - =-_-~ ~~ ~o ~ ~ _ ; cn cn m ~ I ~ m ~ D ~ a orn „ ~ ~ ~ cu ~ N ~'" fD ~ ~ O ~` (~ n is sLanE o.ts SLOPE ' C O U1 O ~ ~ (a 1 ~ ~~~~v -''CZ fp V1 1 ~, tp CA + ~ W ~ ~ ~' I ~~~~ ~ ~ ~ -~~~o ~ I r~w0- >O~ ~ I az~~ r~ ~ ~~ 0 ~ 1 ~p I I I / ~ i~~~ j'~~ ~ ~ t V I ~ ~--; ;p o o ~ I -}- ,!~ I w Cn W ~ N N O t W N -~ ~ ' W Cn ~, ~, ~, ~ t ( ~ II~IIiI ! ~ O N ~ ~ I ~ ~ -- t J N ~ I!; I ~ ~I ~+ r ~ f r I ~ I I ~ t O•t% O.1S SLOPE SURFACE WATER MANAGEMENT (Revised August 2011) Stormwater generated by the landfill modification will be controlled on-site. Runoffwill be controlled and routed by drainage terraces, gabion lined downslope structures, and two sedimentation basins as shown in the drawings. Drainage routing features have all been sized adequately to minimize erosion from the site. Stormwater generated from the site will be discharged via a storm sewer system, under the exterior roadway to the north end of the proposed expansion, then west under the City Trail into a wetland upstream of the Rice Lake wetland complex. The discharge point will be onto property owned by Waste Management, Inc. The new sedimentation basins (P-1 and P-2) are located around the perimeter of the site at the southwest corner (P-1) and southeast corner (P-2) side of the southern development area (SDA). HydroCAD-Stormwater Modeling, using the SCS Curve Number method, was used to calculate run-off hydrographs for the final landfill configuration. To determine surface water run-off for this analysis, the landfill was divided into subwatersheds depending on the contributing drainage areas. Subwatershed areas are shown on Figure 1. Peak flows from the subwatersheds were calculated for 2, 10, 25, 100-year, 24-hour storm events of 2.7, 4.2, 4.7, and 5.9-inches respectively along with a 2.5-inch storm. Run-off curve numbers of 77, 80, and 100 were used for the landfill top, sides and ponded water in the sedimentation basin respectively. Time of concentration was computed using hydraulic distance and flow velocity according to NRCS Hydrology Guide for Minnesota. Calculated time of concentration values were entered into the HydroCAD model as direct entry. These runoff calculations are used as inputs in sizing the various components of the surface water management system discussed below. T:\0742\1406\June] 1 CityApp\Comment responseUtespoffie_08181 tUlttachment I\SurEace Water Management Memo 081011.doc Drainage Terraces Drainage terraces are placed periodically to minimize erosion and direct the runoff to the appropriate downslope structure. The drainage terraces were designed to handle the flow for each subarea and are spaced 40' vertically around the perimeter of the landfill. Figure 1 shows the location of each drainage terrace. Haestad's Methods (FlowmasterTM) program was used to calculate the range of depth and velocity to be as follows for the following input parameters: • Bed Slope: 3% • Inside Sideslope: 3H:1V • Outside Sideslope: 12H:1 V • Mannings n: 0.035 • Flow Rate Q: Varies from 2.3 cfs to 43 cfs Flow Rate Q Cfs Depth feet Velocity (ft/sec) Erosion Control Measures Low 2.3 0.37 2.4 Grass Hi h 43 1.1 4.9 Grass The peak flow depth will not exceed the depth of the terrace, and the velocities will not exceed 5 feet/second; therefore, the drainage terraces design is acceptable with no additional erosion control measures. Erosion control matting will be used in the benches, however, for additional erosion protection in the case of larger storm events. T:\0742\1406Uune1lCityApp\Comment response\Response_0818ll\P,ttachment 1\Surface Water Management Memo 08101 Ldoc 2 Gabion Lined Downslope Structures Runoff from each subwatershed is routed by drainage terraces to gabion lined downslope structures. All downslope structures have been designed to handle the peak flow generated by the corresponding watershed. Figure 2 shows the location of each downslope structure. Calculations provided below and in the model output show the range of velocity and computed water depth for flows during the 25 year, 24 hour event for the following input parameters: Bed Slope: 33% Bottom Width: 8 feet Left & Ri t Sideslo e: 3H:1 V Mannin s n: 0.035 STRUCTURE SEGMENT PEAK Q (CFS FLOW DEPTH FT) FLOW VELOCITY FT/SEC 1 U er 48.0 0.53 9.3 1 Lower 56.6 0.53 11.1 2 U er 34.4 0.36 10.4 2 Lower 42.9 0.40 11.6 Based on the expected velocities, each downslope structure will be lined with rock gabions mats. Energy will be dissipated upstream of access path crossings with a line of gabions perpendicular to flow and at the toe of the slope. Flow will be forced to flow over the gabions and dissipate on gabion splash pads prior to entering the pipes across the access road. Sedimentation Basins The proposed expansion design consists of two sedimentation basins. Sedimentation basin P-1 is proposed on the southwest corner of the site. P-1 will accept the runoff from the western half of the expansion including downslope structures (DS-1) and stormwater discharge outlet from sedimentation basin P-2. T:\0742\I406Uune1lCityApp\Commwt response\Responce_081811\Attachment 1\Surface Water Manageme~d Memo 08101 l.doc 3 Runoff from DS-1 will be routed under the maintenance road through a 24" RCP before discharging into P-1. An 18" CPEP outlet pipe from P-1 will control stormwater run-off discharge. Details of the outlet structure are shown on the drawings. P-2 is a proposed sedimentation basin on the southeast corner of the SDA. P-2 will accept the runoff from the eastern half of the expansion including downslope structure (DS-2). Runoff from DS-2 will be routed under the maintenance road through a 24" RCP before discharging into P-2. A 12" RCP will discharge P-2 to P-1. The design parameters for the sedimentation basins are listed below: Bottom Top Inlet Pond Elevation Elevation Elevation Outlet Total Storage (ft) (ft (ft) Elevation (ft) Capacity (ac-ft) P-1 986 1000 994 993 10.4 P-2 1016 1028 1026 1021 11.5 Routing the 25-year, 24-hour storm event through the sedimentation basins provides the following information. The sedimentation basins design incorporates permanent dead storage, which is the volume below the normal outlet, that is equal to or exceeds the entire runoff volume to the pond which would result from the 25-year, 24-hr rainfall event. The calculations below assume a dry pond at the start of the storm and assume that the dead storage has infiltrated, which may sometimes occur between storm events. Peak Peak Peak Top Permanent Peak Storage Pond Inflow Outflow Elevation Elevation Dead Storage From Storm cfs) (cfs) (ft (ft ac-ft (ac-ft) P-1 77.0 1.6 993.6 1000 3.1 0.2 P-2 58.3 0.7 1021.4 1028 2.7 0.4 The table below takes a more realistic look at the sedimentation basin designs far the 25-year storm event by running the HydroCad model with the assumption that the pond dead storage is full. This is a more conservative approach that takes into account the potential for back to back T:\0742\1406Uune11 CityApp\Comment response\Response_08181 ]\Attachment t \Surface Water Management Memo 08101 l.doc 4 storm events and the likelihood that infiltration of the dead storage has not fully taken place between storm events. Peak Peak Peak Top Permanent Peak Storage Pond Inflow Outflow Elevation Elevation Dead Storage From Storm cfs cfs ft) (ft ac-ft (ac-ft P-1 82.4 10.2 995.6 1000 3.1 2.4 P-2 58.3 3.9 1022.9 1028 2.7 2.1 The calculations above demonstrate that the sedimentation basins in the most conservative look manage the runoff from a 25 year 24 hour event with over 4-feet of freeboard in P-1 and P-2 therefore; the design of the sedimentation basins is acceptable. Routing the 100 yr-24 hr storm event through the storm water system results in the following assuming a dry pond at the start of the storm and that the dead storage has infiltrated.: Peak -Peak Peak Top Permanent Peak Storage Pond Inflow Outflow Elevation Elevation Dead Storage From Storm (ac- cfs) (cfs) (ft ft ac-ft ft P-1 115.7 5.8 994.4 1000 3.1 0.9 P-2 82.1 2.3 1021.8 1028 2.7 0.8 The table below takes a more conservative look at the sedimentation basin designs for the 100- year storm event by running the HydroCad model with the assumption that the pond dead storage is full. Peak Peak Peak Top Permanent Peak Storage Pond Inflow Outflow Elevation Elevation Dead Storage From Storm (ac- cfs) cfs (ft) ft ac-ft ft P-1 115.7 12.7 996.6 1000 3.1 2.7 P-2 82.1 4.9 1023.6 1028 2.7 3.1 Discharge from P-1 to the wetland west of the site has been designed to minimize the potential for significant adverse impacts to the wetland by limiting bounce, restricting flow rates, and treating stormwater prior to discharge in accordance with Section D of Appendix A of the General Permit for Construction Activity. T:\0742V406Vune1lCityApp\Comment response\Response_081811\Attachmem 1\Stuface Water Management Memo 081011.~c 5 The wetland receiving discharge from the site currently has two existing channel outlets, both of which eventually drain into Rice Lake. The north channel outlet, currently located on property owned by Elk River Landfill will be utilized as the outlet channel for the storm water ponds. The channel outlet will be re-excavated to match the elevation of the more southerly outlet to ensure that flows through the south outlet onto the adjoining property are not significantly increased from the existing condition. The following table summarizes the existing and proposed 25-year flood conditions for the northwest wetland: Normal Water Elevation (ft) 25-year Flood Elevation ft 25-Year Outlet Channel Flows (cfs) South North Existin 955.8 956.0 1.3 0.0 Pro osed 955.8 956.3 4.6 4.6 The General Permit for Construction requires wet sedimentation ponds discharge at no greater than 5.66 cfs/surface acre of pond for the water quality volume event (2.5-inches over 24-hours). The Pond 1 outlet limits discharge out of P-1 to 2.9 cfs for the 2.5" rainfall event. The surface area of the P-1 at the invert elevation (993') is 0.74 acres. The resulting ratio is 3.9 cfs/surface acre of pond which is less than the requirement of 5.66 cfs/surface acre of pond and is in accordance with Part III.C.I.c of the General Permit for construction activity. T:\07420 406Uune11 CityApp\Comment raponse\Response_081811 \Attachment t VSurface Water Management Memo 08101 I .doc O ~~ O ~~ p~ 11 ~~~ ~~ C zss~ ~ ~~ ex-zas ~ zss ~ (; s ~ ~a ~ ~~. b Subcat~> Reach on Llllk~ --~_~ T;\074211406\June1lCityApp\Surface Water\ ER Landfill 06_2011 Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 2 Area Listing (all nodes) Area CN Description (acres) {subcatchment-numbers) 22.960 43 Woods/grass comb., Fair, HSG A (255, 26S, EX-25S, EX-26S) 18.766 77 Top of Landfill (1, 7) 8.520 78 .Meadow, non-grazed, HSG D (25S, 26S, EX-25S, EX-26S) 1.139 80 Side of landfill (4) 17.397 80 side of Landfill (2, 3, 5, 6, 8, 9, 10, 11, 12) 0.240 98 rail bed (25S, EX-25S) 69.022 TOTAL AREA T:10742\14061June11 CityApp\Surface Water\ ER Landfill 06 2011 Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 3 Soil Listing (all nodes) Area Soil Subcatchment (acres) Group Numbers 22.960 HSG A 25S, 26S, EX-255, EX-26S 0.000 HSG B 0.000 HSG C 8.520 HSG D 25S, 26S, EX-25S, EX-26S 37.542 Other 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 25S, EX-25S 69.022 TOTAL AREA T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s!n 02201 ©2010 HvdroCAD Software Solutions LLC Page 4 Pipe Listing (all nodes) Line# Node In-Invert Out-Invert Length Slope n Diam/Width Height Fill Number (feet) (feet) (feet) (ft/ft) (inches) (inches) (inches) 1 25P 958.23 958.06 25.0 0.0068 0.013 15.0 0.0 0.0 2 EX-25P 958.23 958.06 25.0 0.0068 0.013 15.0 0.0 0.0 3 P-1 993.00 957.00 1,550.0 0.0232 0.013 18.0- 0.0 0.0 4 P-2 1,021.00 998.00 120.0 0.1917 0.012 18.0 0.0 0.0 5 SE-pipe 1,034.00 1,024.00 100.0 0.1000 0.011 24.0 0.0 0.0 6 SW-pipe 996.00 994.00 90.0 0.0222 0.011 24.0 0.0 0.0 T:10742114061June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 5 Time span=0.00-96.00 hrs, dt=0.02 hrs, 4801 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind method -Pond routing by Stor-Ind method Subcatchment1: 1 RunoffArea=435,375sf 0.00% Impervious Runoff Depth=2.37" Flow Length=1,220' Tc=13.1 min CN=77 Runoff=32.77 cfs 1.977 of Subcatchment2: 2 Runoff Area=90,087 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=750' Tc=7.0 min CN=80 Runoff=9.29 cfs 0.454 of Subcatchment3: 3 RunoffArea=117,164 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=750' Tc=7.0 min CN=80 Runoff=12.08 cfs 0.590 of Subcatchment4: 4 RunoffArea=49,610 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=900' Tc=7.0 min CN=80 Runoff=5.11 cfs 0.250 of Subcatchment5: 4 RunoffArea=104,726 sf 0.00% Impervious Runoff Depth=2.63" Tc=7.0 min CN=80 Runoff=10.80 cfs 0.527 of Subcatchment6: 4 RunoffArea=118,421 sf 0.00% Impervious Runoff Depth=2.63" Tc=7.0 min CN=80 Runoff=12.21 cfs 0.596 of Subcatchment7: 7 Runoff Area=382,086 sf 0.00% Impervious Runoff Depth=2.37" Flow Length=1,220' Tc=13.1 min CN=77 Runoff=28.76 cfs 1.735 of Subcatchment8: 8 RunoffArea=95,406 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=900' Tc=7.0 min CN=80 Runoff=9.84 cfs 0.481 of Subcatchment9: 8 Runoff Area=47,226 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=950' Tc=7.0 min CN=80 Runoff=4.87 cfs 0.238 of Subcatchment10: 10 RunoffArea=71,666 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=750' Tc=7.0 min CN=80 Runoff=7.39 cfs 0.361 of Subcatchment11: 11 RunoffArea=97,074 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=805' Tc=6.4 min CN=80 Runoff=10.23 cfs 0.489 of SubCatchment12: 12 RunoffArea=16,047 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=805' Tc=6.4 min CN=80 Runoff=1.69 cfs 0.081 of Subcatchment25S: watershed NW of South RunoffArea=5.930 ac 2.02% Impervious Runoff Depth=0.38" Tc=15.0 min CN=46 Runoff=1.17 cfs 0.187 of Subcatchment26S: wetland west of RR trail Runoff Area=9.930 ac 0.00% Impervious Runoff Depth=0.95" Tc=30.0 min CN=57 Runoff=6.51 cfs 0.790 of SubcatchmentEX-25S: Existing watershed RunoffArea=5.930 ac 2.02% Impervious Runoff Depth=0.38" Tc=15.0 min CN=46 Runoff=1.17 cfs 0.187 of SubcatchmentEX-26S: Existing wetland Runoff Area=9.930 ac 0.00% Impervious Runoff Depth=0.95" Tc=30.0 min CN=57 Runoff=6.51 cfs 0.790 of T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s!n 02201 ©2010 HydroCAD Software Solutions LLC Page 6 Reach DS1-L: DS-1-Lower Avg. Flow Depth=0.52' Max Vet=10.94 fps Inflow=53.97 cfs -3.208 of n=0.035 L=150.0' S=0.2000'/' Capacity=175.15 cfs Outflow=53.96 cfs 3.208 of Reach DS1-U: DS-1-Upper Avg. Flow Depth=0.52' Max Vet=9.17 fps Inflow=45.64 cfs 2.755 of n=0.035 L=215.0' S=0.1395'/' Capacity=146.29 cfs Outflow=45.60 cfs 2.755 of Reach DS2-L: DS-2-Lower Avg. Flow Depth=0.40' Max Vet=11.58 fps Inflow=42.91 cfs 2.577 of n=0.035 L=120.0' S=0.3000 'P Capacity=214.51 cfs Outflow=42.91 cfs 2.577 of Reach DS2-U: DS-2-Upper Avg. Flow Depth=0.36' Max Vet=10.39 fps Inflow=34.37 cfs 2.096 of n=0.035 L=110.0' S=0.2727 '/' Capacity=204.53 cfs Outflow=34.36 cfs 2.096 of Pond 25P: Basin east of RR, NW of S Peak EIev=959.00' Storage=0.142 of Inflow=1.83 cfs 2.298 of Outflow=1.82 cfs 2.272 of Pond 26P: Wetland west of RR trail, NW of S Peak Elev=955.98' Storage=0.835 of Inflow=6.52 cfs 3.062 of Primary=1.09 cfs 1.528 of Secondary=1.09 cfs 1.528 of Outflow=2.17 cfs 3.055 of Pond EX-25P: Existing Basin east of RR, NW Peak Elev=958.48' Storage=0.053 of .Inflow=1.17 cfs 0.187 of Outflow=0.24 cfs 0.165 of Pond EX-26P: Existing Wetland west of RR Peak EIev=956.00' Storage=0.864 of Inflow=6.52 cfs 0.954 of Primary=1.25 cfs 0.954 of Secondary=0.00 cfs 0.000 of Outflow=1.25 cfs 0.954 of Pond P-1: P-1 Peak Elev=993.63' Storage=147,376 cf Inflow=76.98 cfs 5.015 of 18.0" Round Culvert n=0.013 L=1,550.0' S=0.0232 '/' Outflow=1.70 cfs 2.112 of Pond P-2: SE pond Peak EIev=1,021.39' Storage=134,703 cf Inflow=58.31 cfs 3.384 of 18.0" Round Culvert n=0.012 L=120.0' S=0.1917'/' .Outflow=0.68 cfs 0.620 of Pond SE-pipe: SE culvert Peak EIev=1,049.86' Inflow=58.31 cfs 3.384 of 24.0" Round Culvert n=0.011 L=100.0' S=0.1000'/' Outflow=58.31 cfs 3.384 of Pond SW-pipe: SW culvert Peak Eiev=1,030.27' Inflow=76.98 cfs 4.395 of 24.0" Round Culvert n=0.011 L=90.0' S=0.0222 '/' Outflow=76.98 cfs 4.395 of Total Runoff Area = 69.022 ac Runoff Volume = 9.733 of Average Runoff Depth = 1.69" 99.65% Pervious = 68.782 ac 0.35% Impervious = 0.240 ac T:\0742\1406\June11CityApplSurface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates,. Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 7 Summary for Subcatchment 1: 1 Runoff = 32.77 cfs @ 12.05 hrs, Volume= 1.977 af, Depth= 2.37" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sf) CN Description 435,375 77 Top of Landfill 435,375 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 9.0 540. 1.00 Direct Entry, 0.1 80 9.00 Direct Entry, 4.0 600 2.50 Direct Entrv. 13.1 1,220 Total Subcatchment 1: 1 T:\0742\1406\June11 CityApp\Surface Waterl ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HvdroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 8 Summary for Subcatchment 2: 2 Runoff = 9.29 cfs @ 11.98 hrs, Volume= 0.454 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 90 087 80 side of Landfill 90,087 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 750 1.79 Direct Entry, Subcatchment 2: 2 Hydrograph _-~_ ~ _ - ---~ ---, __,._ , __ Runoff 10 -9.29 cfs -~ g ~ Type' 1124-hr 25 yr _ -- - - Rainfall=4.70"_ _ 8 _-_ ~ _ ___ -- - -- -no - - a - - 7 - ~ ~ Ru , ff Are ,~9~,087~ s# ,~ 6 ' - Ran-off Voiuni;e-0.-454-af ~~ ~ , -- - -- - , -- ,--R f e h=2- -- o - -- '- ~ ~ ~~ow ~en~gth 754'- - ,- _; - --- _ ~ ~ - ~-7.0-man 3 ~ ~ ~ _ 2 _ 1 ~.. ..~.. .. ~.. .. ~.~ ..~....,, .. .a.. .. ~ .. ..... ..... ..... ..... ~, .. .. ~.. ..,.. .. y. .. .,, .., .. ..4.. .., 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 9 Summary for Subcatchment 3: 3 Runoff = 12.08 cfs @ 11.98 hrs, Volume= 0.590 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 117,164 80 side of Landfill 117,164 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (fUft) (ft/sec) (cfs) 7.0 750 1.79 Direct Entry, Subcatchment 3: 3 Hydrograph ..:.12.08 cfs ~ ~ ', ~ ~ ~~ '~ ®RunofF ,_ _ -r--_ _ ------r----- -- -_ 12 'Type; II 24-hr 25 ~r ', , - _ ~. _ ._ ~ainfal~=4:70" 10 ~ ~~, 'Runoff Area117,164sf _ __ -~ _-- ~ -- ~ - --- --- - -1um-- - -~- ;~ 8 ~ Run-off Vo a D.5J0 of _ ~ Runoff Depth=~.6~" 0 6 -' ~, Flow Length 750 '_ _ 4 CN=80 ~~ 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406Wune11 CityApp\Surface Water\ ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 10 Summary for Subcatchment 4: 4 Runoff = 5.11 cfs @ 11.98 hrs, Volume= 0.250 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type 11 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 49 610 80 Side of landfill 49,610 100.00% Pervious Area Tc Length Sfope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec} (cfs) 7.0 900 2.14 Direct Entry, Subcatchment 4: 4 Hydrograph 5.11 cfs ~ ~ ~ p Runoff 5 ~ I ~ ~ i Type II';24=hr'25 ~yr ~. ~ ~ ~ ~ ;Rainfall=~.7p.. ~~ - -- - ~ _~_ ~;- - - ; Runoff Area=4~9;610;sf_.~. 4 ~~~~ Runoff~Vo'iume=0.250 ~af ~ v 3 ; , - ~ - - - - - - - Rt~'noff-Depth=x.63" -~ 3 ~ Flow Length-900' o ~ 7 ~ ~. _ ~ = 0 c ~ m,m u. - - - - ,- - - - 2- ~ CN=$0 _ _ 1 _~ 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406Wune11 CityApp\Surface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 11 Summary for Subcatchment 5: 4 Runoff = 10.80 cfs @ 11.98 hrs, Volume= 0.527 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 104 726 80 side of Landfill 104,726 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) {cfs) 7.0 Direct Entry, Subcatchment 5: 4 Hydrograph - , - -~ ---~---.---~. - ~ - -= ----~---. --a - ~ - ~-- -- 7 ~ Runoff 12 10.80 cfs ~ _ ~ - -, - - -' - -- :- ---t - - 11 __ 10 - - ~ta~nfaN=~.-70"- 9 - -- '- - - -- - -Runof# Ar~a~10~,-726 sf- r 8 , N - -;-- _-~ _ , --~- --, ';Runo'ff~olum;e=0.~~7a# ~ 7 ' _. - - - - ~- - - - - - - - - - - - - -~- Runoff Depth=-2:6~" 6 ~ ~ _' ~ '~ __ c 5 , - - ~ - - ~ ~ - Tc=7.D- m,in ,- -- -~-- ~ C~ 3 ----- -: ~ ~ ~ ,, 2 ': 1 0 , ,, ,.t ~.,.. ,~ ~ , a ...,~, ..,,..~,..,,..., .. . . „E. ~ , ~, 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\074211406\June11 CityApplSurface Water\ ER Landfill 06_2011 Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 12 Summary for Subcatchment 6: 4 Runoff = 12.21 cfs @ 11.98 hrs, Volume= 0.596 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sf) CN Description 118 421 80 side of Landfill 118,421 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 Direct Entry, Subcatchment 6: 4 T:\0742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011 Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2J2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 13 Summary for Subcatchment 7: 7 Runoff = 28.76 cfs @ 12.05 hrs, Volume= 1.735 af, Depth= 2.37" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sf) CN Description 382,086 77 Top of Landfill 382,086 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 9.0 540 1.00 Direct Entry, 0.1 80 9.00 Direct Entry, 4.0 600 2.50 Direct Entrv. 13.1 1,220 Total Subcatchment 7: 7 Hydrograph 30 -28.76 cfs ~ - _ _ Runoff ;Type' II 24-hr 25 yr 25 ~ ~ Rainfall=4.70" '~ 'Runoff Area~382,086sf 20 Runoff Volume=1.735 'af - -~- - ~ - = - , - - -Ruruff ~epti~=2.3~" - 0 15 Flow Length=1;,220' uL _ _ _ _ ~ ~ . - , Tc=1;3.1-min- 10 ~ ~ I ~ , CN=77 5 I 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 1I 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 14 Summary for Subcatchment 8: 8 Runoff = 9.84 cfs @ 11.98 hrs, Volume= 0.481 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 95,406 80 side of Landfill 95,406 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 900 2.14 Direct Entry, Subcatchment 8: 8 Hydrograph ; 11 9.84 CfS ~ ~_ ~ ~ '; 0 Runoff '_ -_ __ 10 _ _; _ _ ~ _ ; . _ _ ~' ' Type II 24-hr _25 ~-r 9 _ ~ _ . _ - - -. ' _ _ ' _ Rainfall=x.70'' _ 8 ~ ~ ~ ~ ~ ~ ff = 5 _ _~un'_o ,_ Area _ 9 .,.406 sf_ ; - , _ ; ; 7 , ~~ ~ ~ _ _ _ _'Runoff ~loJum;e=_0 4~1_ ~f_ 7 ~ 6 - ~ , V I ; i . _ _ , . ~ _Runoff Depth=2.63" _- _,I - ---- - _ -_ , 5 ~ ~ ~ ; ; 3 o _ , .. _ . _: - _ _ _ _ ~_ Flow Len_gth_,_900' 4 ~ Tc=7.0 min 3 ~ ~ ,- ~ CN-80 2 1 ; 0 ~ ...,., . . ,., c ~., . ,.. , .. .. ,.. ,.. .. ~ . ,.. .. ,... . 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:1074211406Wune11 CityApp\Surface Water\ ER Landfill 06 2011 Type 1124-hr 25 yr Rainfa11=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD®9.10 s/n 02201 ©2010 HydroCAD Soffinrare Solutions LLC Page 15 Summary. for Subcatchment 9: 8 Runoff = .4.87 cfs @ 11.98 hrs, Volume= 0.238 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sf) CN Description 47,226 80 side of Landfill 47,226 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 0.3 150 - 9.00 Direct Entry, 6.7 800 2.00 Direct Entrv. 7.0 950 Total Runoff 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 16 Summary for Subcatchment 10: 10 Runoff = 7.39 cfs @ 11.98 hrs, Volume= 0.361 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 71 666 80 side of Landfill 71,666 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 750 1.79 Direct Entry, Runoff T:\0742\1406Wune11 CityApp\Surface Water\ ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 17 Summary for Subcatchment 11:11 Runoff = 10.23 cfs @ 11.98 hrs, Volume= 0..489 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sf) CN Description 97 074 80 side of Landfill 97,074 100.00% Pervious Area Tc Length Slope. Velocity Capacity Description (min). (feet) (ftJft) (ft/sec) (cfs) 0.1 55 9.00 Direct Entry, 6.2 750 2.00 Direct Entrv. 6.4 805 Total Subcatchment 11:11 T:10742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 18 Summary for Subcatchment 12: 12 Runoff = 1.69 cfs @ 11.98 hrs, Volume= 0.081 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 16 047 80 side of Landfill 16,047 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 0.1 55 9.00 Direct Entry, 6.2 750 2.00 Direct Entrv. 6.4 805 Total Runoff v 3 0 0 .. .. .. . .. ..... . .:. ,. ,.` 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\14061June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 19 Summary for Subcatchment 25S: watershed NW of South Expansion Runoff = 1.17 cfs @ 12.14 hrs, Volume= 0.187 af, Depth= 0.38" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (ac) CN Description 5.550 43 Woods/grass comb., Fair, HSG A 0.260 78 Meadow, non-grazed, HSG D 0.120 98 rail bed 5.930 46 Weighted Average 5.810 97.98% Pervious Area 0.120 2.02% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.0 Direct Entry, Subcatchment 25S: watershed NW of South Expansion Hydrograph 1.17 cf~ ,~ ~ ~ ~ ~~ ~ ~ p Runoff Typie 1124 hr~25'yr ' ,- -~ ---- ---~- ---- -- ~ _ - _- - --~R - - -- 1 ~ ~ ainfaH-~.~0" Runoff Area=5.90 ac ' ' Runoff~Voaume=0.187 ~af y ~ ~~ `~ ~ ~ ~ ~~ ~Runoff Depth=0.38" ~: ~ '~ 3 ~ ~ ~ Tc=15.0 min '~ '~ ~ . ~ . t 0 ,,,,,~ ,', .,;~ ,,,, ~o;,,,, 0 5 10 15 20 25 30.35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 20 Summary for Subcatchment 26S: wetland west of RR trail Runoff = 6.51 cfs @ 12.30 hrs, Volume= 0.790 af, Depth= 0.95" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (ac) CN Description 4.000 78 Meadow, non-grazed, HSG D _ 5.930 43 Woods/grass comb., Fair, HSG A 9.930 57 Weighted Average 9.930 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 30.0 Direct Entry, Subcatchment 26S: wetland west of RR trail T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 21 Summary for Subcatchment EX-25S: Existing watershed NW of South Expansion Runoff = 1.17 cfs @ 12.14 hrs, Volume= 0.187 af, Depth= 0.38" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs. Type II 24-hr 25 yr Rainfall=4.70" Area (ac) CN Description 5.550 43 Woods/grass comb., Fair, HSG A 0.260 78 Meadow, non-grazed, HSG D 0.120 98 rail bed 5.930 46 Weighted Average 5.810 97.98% Pervious Area 0.120 2.02% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.0 Direct Entry, Subcatchment EX-25S: Existing watershed NW of South Expansion Hydrograph 1.1.7cfs~ ~ ~ I ~ ~ f Type IL24, hr;25 ~yr - -- -~_ ~___- ---~---,-, -;_.--, - --- ---;Rainfall=~.7-A"-~ 1 Runoff area=5.90 ac ' Run~off~Vo~lurne=0.187 ~af ~ ~ ~~ "- ~ ~ '~ ~~' ~ ~Ru,noff Depth=0.38" 3 '. ~ ~ Tc='~5.0 min ~. ~ ~_ 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) Runoff T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 22 Summary for Subcatchment EX-26S: Existing wetland west of RR trail Runoff = 6.51 cfs @ 12.30 hrs, Volume= 0.790 af, Depth= 0.95" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (ac) CN Description 4.000 78 Meadow, non-grazed, HSG D 5.930 43 Woods/grass comb., Fair, HSG A 9.930 57 Weighted Average 9.930 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 30.0 Direct Entry, Subcatchment EX-26S: Existing wetland west of RR trail T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 23 Summary for Reach DS1-L: DS-1-Lower [62] Hint: Exceeded Reach DS1-U OUTLET depth by 0.01' @ 11.94 hrs Inflow Area = 15.606 ac, 0.00% Impervious, Inflow Depth = 2.47" for 25 yr event Inflow = 53.97 cfs @ 12.02 hrs, Volume= 3.208 of Outflow = 53.96 cfs @ 12.02 hrs, Volume= 3.208 af, Atten= 0%, Lag= 0.2 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 10.94 fps, Min. Travel Time= 0.2 min Avg. Velocity = 2.68 fps, Avg. Travel Time= 0.9 min Peak Storage= 739 cf @ 12.02 hrs Average Depth at Peak Storage= 0.52' Bank-Full Depth= 1.00', Capacity at Bank-Full= 175.15 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 150.0' Slope= 0.2000 '/' Inlet Invert= 1,060.00', Outlet Invert= 1,030.00' $ \ T:\0742\1406Wune11 CityApp\Surface Waterl ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 24 Reach DS1-L: DS-1-Lower 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC pagg 25 Summary for Reach DS1-U: DS-1-Upper Inflow Area = 13.538 ac, 0.00% Impervious, Inflow Depth = 2.44" for 25 yr event inflow = 45.64 cfs @ 12.02 hrs, Volume= 2.755 of Outflow = 45.60 cfs @ 12.03 hrs, Volume= 2.755 af, Atten= 0%, Lag= 0.3 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 9.17 fps, Min. Travel Time= 0.4 min Avg. Velocity = 2.26 fps, Avg. Travel Time= 1.6 min Peak Storage= 1,068 cf @ 12.03 hrs Average Depth at Peak Storage= 0.52' Bank-Full Depth= 1.00', Capacity at Bank-Full= 146.29 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 215.0' Slope= 0.1395 '~ -inlet Invert= 1,090.00', Outlet Invert= 1,060.00' ^ Inflow ^ Outflow T:\0742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 26 Summary for Reach DS2-L: DS-2-Lower [62] Hint: Exceeded Reach DS2-U OUTLET depth by 0.05' @ 11.98 hrs Inflow Area = 12.607 ac, 0.00% Impervious, Inflow Depth = 2.45" for 25 yr event Inflow = 42.91 cfs @ 12.02 hrs, Volume= 2.577 of Outflow = 42.91 cfs @ 12.02 hrs, Volume= 2.577 af, Atten= 0%, Lag= 0.1 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 11.58 fps, Min. Travel Time= 0.2 min Avg. Velocity = 2.83 fps, Avg. Travel Time= 0.7 min Peak Storage= 445 cf @ 12.02 hrs Average Depth at Peak Storage= 0.40' Bank-Full Depth= 1.00', Capacity at Bank-Full= 214.51 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 120.0' Slope= 0.3000 '/' Inlet Invert= 1,060.00', Outlet Invert= 1,024.00' T:\0742\1406\June11 CityApp\SurFace Water/ ER Landfill 06_2011 Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 27 Reach DS2-L: DS-2-Lower Hydrograph _ ^ Inflow ^ Outflow 45 42 91 Cfs Inflow Area=12607 ac 40 _ _ _ ; Av-g.~ Flow.De{~th-=0.40' 35 _ I Max Vel=_1.1.58. fps N 30 n=0.035 _ --- V 25 ~, - _ _' L=1.20 ;0' . 3 S'-0 3000 LL '; ~ ~ Capacifiy=21.51 cfs - 15 _: 10 ~ _ - _ ~ _ 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type Il 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 28 Summary for Reach DS2-U: DS-2-Upper Inflow Area = 10.417 ac, 0.00% Impervious, Inflow Depth = 2.41" for 25 yr event Inflow = 34.37 cfs @ 12.03 hrs, Volume= 2.096 of Outflow = 34.36 cfs @ 12.03 hrs, Volume= 2.096 af, Atten= 0%, Lag= 0.1 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 10.39 fps, Min. Travel Time= 0.2 min Avg. Velocity = 2.55 fps, Avg. Travel Time= 0.7 min Peak Storage= 364 cf @ 12.03 hrs Average Depth at Peak Storage= 0.36' Bank-Full Depth= 1.00', Capacity at Bank-Full= 204.53 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 110.0' Slope= 0.2727 '/' Inlet Invert= 1,090.00', Outlet Invert= 1,060.00' Inflow Outflow 0 ~, ,,E . ,,~., ,.. , ,! . ,,,,, , ~, , ,, , , << ,, . 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours T:\0742114061June11 CityApp\Surface Water\ ER Landfill 06_2011 Type I! 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 29 Summary for Pond 25P: Basin east of RR, NW of S expansion [79] Warning: Submerged Pond P-1 Primary device # 1 OUTLET by 2.00' Inflow Area = 43.232 ac, 0.28% Impervious, Inflow Depth > 0.64" for 25 yr event Inflow = 1.83 cfs @ 18.38 hrs, Volume= 2.298 of Outflow = 1.82 cfs @ 19.05 hrs, Volume= 2.272 af, Atten= 0%, Lag= 40.2 min Primary = 1.82 cfs @ 19.05 hrs, Volume= .2.272 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 959.00' @ 19.05 hrs Surf.Area= 0.204 ac Storage= 0.142 of Plug-Flow detention time= 105.6 min calculated for 2.271 of (99% of inflow) Center-of--Mass det. time= 65.6 min (1,536.7 - 1,471.1 ) Volume Invert Avail.Storage Storage Description #1 958.00' 3.450 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 958.00 0.080 0.000 0.000 960.00 0.330 0.410 0.410 962.00 0.750 1.080 1.490 964.00 1.210 1.960 3.450 Device Routing Invert Outlet Devices #1 Primary 963.50' 8.0' long x 8.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.43 2.54 2.70 2.69 2.68 2.68 2.66 2.64 2.64 2.64 2.65 2.65 2.66 2.66 2.68 2.70 2.74 #2 Primary 958.23' 15.0" Round Culvert L= 25.0' RCP, square edge headwall, Ke= 0.500 Inlet /Outlet Invert= 958.23' / 958.06' S= 0.0068 '/' Cc= 0.900 n= 0.013 Primary OutFlow Max=1.82 cfs @ 19.05 hrs HW=959.00' (Free Discharge) ~1=Broad-Crested Rectangular Weir(Controls 0.00 cfs) 2=Culvert (Barrel Controls 1.82 cfs @ 3.31 fps) T:10742\1406Wune11CityApplSurface Water\ ER Landfill 06_2011 Type 1l 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HvdroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 30 Pond 25P: Basin east of RR, NW of S expansion Hydrograph Inflow ^ Primary .. 3 0 Time (hours) 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 T:10742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 31 Summary for Pond 26P: Wetland west of RR trail, NW of S Expansion Inflow Area = 53.162 ac, 0.23% Impervious, Inflow Depth > 0.69" for 25 yr event Inflow = 6.52 cfs @ 12.30 hrs, Volume= 3.062 of Outflow = 2.17 cfs @ 19.43 hrs, Volume= 3.055 af, Atten= 67%, Lag= 427.9 min Primary = 1.09 cfs @ 19.43 hrs, Volume= 1.528 of Secondary = 1.09 cfs @ 19.43 hrs, Volume= 1.528 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Starting Elev= 955.76' Surf.Area= 1.135 ac Storage= 0.562 of Peak Elev= 955.98' @ 19.43 hrs Surf.Area= 1.383 ac Storage= 0.835 of (0.273 of above start) Plug-Flow detention time= 483.7 min calculated for 2.494 of (81 % of inflow) Center-of--Mass det. time= 105.5 min (1,480.6 - 1,375.1 ) Volume Invert Avail.Storage Storage Description #1 954.77' 6.337 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 954.77 0.000 0.000 0.000 956.00 1.410 0.867 0.867 958.00 4.060 5.470 6.337 Device Routing Invert Outlet Devices #1 Primary 955.76' 4.0' long x 20.0' breadth south weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 #2 Secondary 955.76' 4.0' tong x 20.0' breadth north weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=1.08 cfs @ 19.43 hrs HW=955.98' (Free Discharge) 'L1=south weir (Weir Controls 1.08 cfs @ 1.25 fps) Secondary OutFlow Max=1.08 cfs @ 19.43 hrs HW=955.98' (Free Discharge) 2=north weir (Weir Controls 1.08 cfs @ 1.25 fps) T:\0742\1406Wune11 CityApp\SurFace Waterl ER Landfill 06_2011 Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 32 Pond 26P: Wetland west of RR trail, NW of S Expansion Hydrograph Inflow l _l Outflow ^ Primary ^ Secondary 3 0 LL 0 10 20 30 40 50 60 70 80 90 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 33 Summary for Pond EX-25P: Existing Basin east of RR, NW of S expansion Inflow Area = 5.930 ac, 2.02% Impervious, Inflow Depth = 0.38" for 25 yr event Inflow = 1.17 cfs @ 12.14 hrs, Volume= 0.187 of Outflow = 0.24 cfs @ 14.01 hrs, Volume= 0.165 af, Atten= 80%, Lag= 111.9 min Primary = 0.24 cfs @ 14.01 hrs, Volume= 0.165 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 958.48' @ 14.01 hrs Surf.Area= 0.140 ac Storage= 0.053 of , Plug-Flow detention time= 221.0 min calculated for 0.165 of (88% of inflow) Center-of-Mass det. time= 166.4 min (1,129.2 - 962.8 ) Volume Invert AvaiLStorage Storage Description #1 958.00' 3.450 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 958.00 0.080 0.000 0.000 960.00 0.330 0.410 0.410 962.00 0.750 1.080 1.490 964.00 1.210 1.960 3.450 Device Routing Invert Outlet Devices #1 Primary 963.50' 8.0' long x 8.0' breadth Broad-Crested Rectangular Weir Head (feet) 0..20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.43 2.54 2.70 2.69 2.68 2.68 2.66 2.64 2.64 2.64 2.65 2.65 2.66 2.66 2.68 2.70 2.74 #2 Primary 958.23' 15.0" Round Culvert L= 25.0' RCP, square edge headwall, Ke= 0.500 Inlet /Outlet Invert= 958.23' / 958.06' S= 0.0068 'P Cc= 0.900 n= 0.013 Primary OutFlow Max=0.24 cfs @ 14.01 hrs HW=958.48' (Free Discharge) ~1=Broad-Crested Rectangular Weir(Controls 0.00 cfs) 2=Culvert (Barrel Controls 0.24 cfs @ 2.02 fps) T:\0742\1406Wune11 CityApp\Surface Water\ ER Landfill 06_2011 Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Pacle 34 Pond EX-25P: Existing Basin east of RR, NW of S expansion Hydrograph 1.17 Cfs ^ Inflow Inflow Area=5.'930 ac ~ ~ Primary _ _ _ _ _ Peak--Elev=958.5' . 1 Storage=0:053 of . ~. ... 3 0 0.24 cfs o E , ~.~, , , ,. ,.. „, ,: .., . ,. 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\074211406\June11 CityApplSurface Water\ ER Landfill 06_2011 Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed .8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 35 Summary for Pond EX-26P: Existing Wetland west of RR trail, NW of S Expansion Inflow Area = .15.860 ac, 0.76% Impervious, ..Inflow Depth = 0.72" for 25 yr event Inflow = 6.52 cfs @ 12.30 hrs, Volume= 0.954 of Outflow = 1.25 cfs @ 13.74 hrs, Volume= 0.954 af, Atten= 81 %, Lag= 86.9 min Primary = 1.25 cfs @ 13.74 hrs, Volume= 0.954 of Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Starting Elev= 955.76' Surf.Area= 1.135 ac Storage= 0.562 of Peak Elev= 956.00' @ 13.74. hrs Surf.Area= 1.408 ac Storage= 0.864 of (0.303 of above start) Plug-Flow detention time= 767.7 min calculated for 0.392 of (41 % of inflow) Center-of-Mass det. time= 223.9 min (1,171.8 - 947.9 ) Volume Invert Avail.Storage Storage Description #1 954.77' 6.337 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store __ __ (feet) (acres) (acre-feet) (acre-feet) 954.77 0.000 0.000 0.000 956.00 1.410 0.867 0.867 958.00 4.060 5.470 6.337 Device Routing Invert Outlet Devices #1 Primary 955.76' 4.0' long x 20.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 #2 Secondary 957.87' 4.0' long x 20.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=1.25 cfs @ 13.74 hrs HW=956.00' (Free Discharge) L1=Broad-Crested Rectangular Weir (Weir Controls 1.25 cfs @ 1.31 fps) Secondary OutFlow Max=0.00 cfs @ 0.00 hrs HW=955.76' (Free Discharge) 2=Broad-Crested Rectangular Weir (Controls 0.00 cfs) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 36 Pond EX-26P: Existing Wetland west of RR trail, NW of S Expansion Hydrograph 6.52 cfs C~ i nflow Inflow Area=1.5..8-60 ac i _ Outflow 7 ~Peak'Elev=956.00' ^ Primary _ Storage=0.86 of ^ Secondary 6 5 - _ ... ~ 4 3 0 3 - - _ ~_ , u. -- 2 1.25 cfs 0:00 cfs ,~ ,,,,,.:„-, ,; ~,~ o- ~~. .. 0 10 20 30 40 50 60 70 80 90 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 37 Summary for Pond P-1: P-1 Inflow Area = 37.302 ac, 0.00% Impervious, Inflow Depth = 1.61" for 25 yr event Inflow = 76.98 cfs @ 12.00 hrs, Volume= 5.015 of Outflow = 1.70 cfs @ 18.80 hrs, Volume= 2.112 af, Atten= 98°~, Lag= 407.7 min Primary = 1.70 cfs @ 18.80 hrs, Volume= 2.112 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 993.63' @ 18.80 hrs Surf.Area= 34,965 sf Storage= 147,376 cf Plug-Flow detention time= 807.7 min calculated for 2.112 of (42% of inflow) Center-of--Mass det. time= 579.9 min (.1,516.0 - 936.1 ) Volume Invert Avail.Storage Storage Description #1 986.00' 454,086 cf Custom Stage Data (Prismatic)Listed below. (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 986.00 0 0 0 988.00 13, 052 13, 052 13, 052 990.00 20,600 33,652 46,704 992.00 28,383 48,983 95,687 994.00 36,449 64,832 160,519 996.00 44,713 81,162 241,681 998.00 53,288 98,001 339,682 1, 000.00 61,116 114,404 454,086 Device Routing Invert Outlet Devices #1 Primary 993.00' 18.0" Round Culvert L= 1,550.0' CPP, mitered to conform to fill, Ke= 0.700 Inlet /Outlet Invert= 993.00' / 957.00' S= 0.0232 'P Cc= 0.900 n= 0.013 Corrugated PE, smooth interior Primary OutFlow Max=1.69 cfs @ 18.80 hrs HW=993.63' (Free Discharge) L1=Culvert (Inlet Controls 1.69 cfs @ 2.39 fps) T:10742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 38 Pond P-1; P-1 Hydrograph 76.98 cfs _ ~ Inflow Primary 80 ~ anflow Area=3.7_.302 ac ak Elev-_993.63' Pe - 70~ -- --, ___ Storage=147,376 cf 60 - _ 1$:0" 50 v Round Culvert c 40 - n=0.03 -. ~ 30 ~ L=1,5;50:_0' : _ - - - . ~ 23 S-0;0 ' 2 '/' - - - - - : 10 1' . 70 Cfs o ~ . , ,.,~ ~o, ,., , , ,. ,., , ~,. 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time- (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 812/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 39 Summary for Pond P-2: SE pond Inflow Area = .16.288 ac, 0.00% Impervious, Inflow Depth = 2.49" for 25 yr event Inflow = 58.31 cfs @ 12.00 hrs, Volume= 3.384 of Outflow = 0.68 cfs @ 24.05 hrs, Volume= 0.620 af, Atten= 99%, Lag= 722.9 min Primary = 0.68 cfs @ 24.05 hrs, Volume= 0.620 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 1,021.39' @ 24.05 hrs Surf.Area= 39,939 sf .Storage= 134,703 cf Plug-Flow detention time= 1,005.0 min calculated for 0.620 of (18% of inflow) Center-of-Mass det. time= 862.0 min (1,691.9 - 829.8 ) Volume Invert Avail.Storage Storage Description #1 1,016.00' 501,090 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 1,016.00 0 0 0 1,018.00 24,905 24,905 24,905 1,020.00 33,771 58,676 83,581 1,022.00 42,664 76,435 160,016 1,024.00 51,937 94,601 254,617 1,026.00 61,532 113,469 368,086 1,028.00 71,472 1.33,004 501,090 Device Routing Invert Outlet Devices #1 Primary 1,021.00' 18.0" Round Culvert L= 120.0' RCP, mitered to conform to fill, Ke= 0.700 Inlet /Outlet Invert= 1,021.00' / 998.00' S= 0.1917 'P Cc= 0.900 n= 0.012 Concrete pipe, finished Primary OutFlow Max=0.68 cfs @ 24.05 hrs HW=1,021.39' (Free Discharge) 'L1=Culvert (Inlet Controls 0.68 cfs @ 1.87 fps) T:1074211406Wune11 CityApplSurFace Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 40 Pond P-2: SE pond Hydrograph 5.8.31 cfs 60 Inflow Area=16;.288 ac _ _ Peak EIdv=1,021-.39` 50 Storage-134,703 +cf 40 18.0" _ Round Culvert -: 0 30 n=0.012 20- _ _ :_ - - _ S=0 1917 ~~~ -- ~ ~._ 10 ' 0.68 cfs ' o ! .~, ,,.. ,,, , ~ ,' . 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) Q Inflow ^ Primary T:\0742\1406\June11CityApp\Surface Water\ ER Landfill 06_2011 Type !J 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 41 Summary for Pond SE-pipe: SE culvert [57] Hint: Peaked at 1,049.86' (Flood elevation advised) [62] Hint: Exceeded Reach DS2-L OUTLET depth by 25.44' @ 12.00 hrs Inflow Area = 16.288 ac, 0.00% Impervious, Inflow Depth = 2.49" for 25 yr event Inflow = 58.31 cfs @ 12.00 hrs, Volume= 3.384 of Outflow = 58.31 cfs @ 12.00 hrs, Volume= 3.384 af, Atten= 0%, Lag= 0.0 min Primary = 58.31 cfs @ 12.00 hrs, Volume= 3.384 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 1,049.86' @ 12.00 hrs Device Routing Invert Outlet Devices #1 Primary 1,034.00' 24.0" Round Culvert L= 100.0' Square-edged headwall, Ke= 0.500 Inlet /Outlet Invert= 1,034.00' / 1,024.00' S= 0.1000'/' Cc= 0.900 n= 0.011 Concrete pipe, straight & clean Primary OutFlow Max=58.12 cfs @ 12.00 hrs HW=1,049.76' (Free Discharge) L1=Culvert (Inlet Controls 58.12 cfs @ 18.50 fps) Inflow 0 Primary 0 ~ ,,. ~ , ,,,~.,,,,. , „ , ,,., , ,, ,,. ,, , , . ., 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011 Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/2/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 42 Summary for Pond SW-pipe: SW culvert [57] Hint: Peaked at 1,030.27' (Flood elevation advised) [61] Hint: Exceeded Reach DS1-L outlet invert by 0.21' @ 12.00 hrs Inflow Area = 21.014 ac, 0.00% Impervious, Inflow Depth = 2.51" for 25 yr event Inflow = 76.98 cfs @ 12.00 hrs, Volume= 4.395 of Outflow = 76.98 cfs @ 12.00 hrs, Volume= 4.395 af, Atten= 0%, Lag= 0.0 min Primary = 76.98 cfs @ 12.00 hrs, Volume= 4.395 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 1,030.27' @ 12.00 hrs Device Routing Invert Outlet Devices #1 Primary .996.00' 24.0" Round Culvert L= 90.0' RCP, mitered to conform to fill, Ke= 0.700 Inlet /Outlet Invert= 996.00' / 994.00' S= 0.0222 '/' . Cc= 0.900 n= 0.011 Concrete pipe, straight & clean Primary OutFlow Max=76.71 cfs @ 12.00 hrs HW=1,030.03' (Free Discharge} L1=Culvert (Inlet Controls 76.71 cfs @ 24.42 fps) Pond SW-pipe: SW culvert Hydrograph 80 76.98 _, 70 _ __ 60_ __ -; .-. 50 - - v 0 40 - - _ , "30 _~; 20 10 0 ~] Inflow [] Primary 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) iB, 1A O 1D /O 1 p~ sz-u 11 3 ~ ~~, ~~ s~-~I ~ 12; osz ~ f}--'- ~~ 8 , ~ ~25S~ ~~ ex-2sa ~ ~ ,~ ~ (Ex-z~> 26S ® ( 6 i \~ ~ dam'- \ ~`~ ~` t 9 \-, S{ ubcaf Reach on LIt1k ~,' -~~.. T:1074211406\June11 CityApp\Surface Water/ ER Landfill 06_2011-dead storage affect Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 2 Area Listing (all nodes) Area CN Description (acres) (subcatchment-numbers) 22.960 43 Woods/grass comb., Fair, HSG A (25S, 26S, EX-25S, EX-26S) 18.933 77 Top of Landfill (1A, 1 B, 7) 8.520 78 Meadow, non-grazed, HSG D (25S, 26S, EX-25S, EX-26S) 1.139 80 Side of landfill (4) 17.397 80 side of Landfill (2, 3, 5, 6, 8, 9, 10, 11, 12) 0.240 98 rail bed (25S, EX-25S) 69.189 TOTAL AREA T:\074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 3 Soil Listing (all nodes) Area. Soil Subcatchment (acres) Group Numbers 22.960 HSG A 25S, 26S, EX-25S, EX-26S 0.000 HSG B 0.000 HSG C 8.520 HSG D 25S, 26S, EX-25S, EX-26S 37.709 Other 1A, 1 B, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 25S, EX-25S 69.189 TOTAL AREA T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06 2011-dead storage affect Prepared by Wenck Associates, Inc. HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Printed 8/15/2011 Page 4 Pipe Listing (alt nodes) Line# Node In-Invert Out-Invert Length Slope n Diam~dth Height Fill Number (feet) (feet) (feet) (ft/ft) (inches) (inches) (inches) 1 25P 958.23 958.06 25.0 0.0068 0.013 15.0 0.0 0.0 2 EX-25P 958.23 958.06 25.0 0.0068 0.013 15.0 0.0 0.0 3 P-1 993.00 957.00 1,550.0 0.0232 0.013 18.0 0.0 0.0 4 P-2 1,021.00 998.00 575.0 0.0400 0.012 12.0 0.0 0.0 5 SE-pipe 1,034.00 1,024.00 100.0 0.1000 0.011 24.0 0.0 0.0 6 SW-pipe 996.00 994.00 90.0 0.0222 0.011 24.0 0.0 0.0 T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 sJn 02201 ©2010 HydroCAD Software Solutions LLC Paae 5 Time span=0.00-96.00 hrs, dt=0.02 hrs, 4801 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind method -Pond routing by Stor-Ind method Subcatchment1A:1A RunoffArea=49,776 sf 0.00% Impervious Runoff Depth=2.37" Flow Length=600' Tc=7.0 min CN=77 Runoff=4.66 cfs 0.226 of Subcatchment1B:1B RunoffArea=392,876 sf 0.00% Impervious Runoff Depth=2.37" Flow Length=1,110' Tc=12.5 min CN=77 Runoff=30.18 cfs 1.784 of Subcatchment2: 2 Runoff Area=90,087 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=750' Tc=7.0 min CN=80 Runoff=9.29 cfs 0.454 of Subcatchment3: 3 RunoffArea=117,164 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=750' Tc=7.0 min CN=80 Runoff=12.08 cfs 0.590 of Subcatchment4: 4 Runoff Area=49,610 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=900' Tc=7.0 min CN=80 Runoff=5.11 cfs 0.250 of Subcatchment5: 4 Runoff Area=104,726 sf 0.00% Impervious Runoff Depth=2.63" Tc=7.0 min CN=80 Runoff=10.80 cfs 0.527 of Subcatchment6: 4 Runoff Area=118,421 sf 0.00% Impervious Runoff Depth=2.63" Tc=7.0 min CN=80 Runoff=12.21 cfs 0.596 of Subcatchment7: 7 RunoffArea=382,086 sf 0.00% Impervious Runoff Depth=2.37" Flow Length=1,220' Tc=13.1 min CN=77 Runoff=28.76 cfs 1.735 of Subcatchment8: 8 RunoffArea=95,406 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=900' Tc=7.0 min CN=80 Runoff=9.84 cfs 0.481 of Subcatchment9: $ RunoffArea=47,226 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=950' Tc=7.0 min CN=80 Runoff=4.87 cfs 0.238 of Subcatchment10: 10 RunoffArea=71,666 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=750' Tc=7.0 min CN=80 Runoff=7.39 cfs 0.361 of Subcatchment11: 11 RunoffArea=97,074 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=805' Tc=6.4 min CN=80 Runoff=10.23 cfs 0.489 of Subcatchment12: 12 RunoffArea=16,047 sf 0.00% Impervious Runoff Depth=2.63" Flow Length=805' Tc=6.4 min CN=80 Runoff=1.69 cfs 0.081 of Subcatchment25S: watershed NW of South Runoff Area=5.930 ac 2.02% Impervious Runoff Depth=0.38" Tc=15.0 min CN=46 Runoff=1.17 cfs 0.187 of Subcatchment26S: wetland west of RR trail Runoff Area=9.930 ac 0.00% Impervious Runoff Depth=0.95" Tc=30.0 min CN=57 Runoff=6.51 cfs 0.790 of SubcatchmentEX-25S: Existing watershed Runoff Area=5.930 ac 2.02% Impervious Runoff Depth=0.38" Tc=15.0 min CN=46 Runoff=1.17 cfs 0.187 of T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 6 SubcatchmentEX-26S: Existing wetland Runoff Area=9.930 ac 0.00% Impervious Runoff Depth=0.95" Tc=30.0 min CN=57 Runoff=6.51 cfs 0.790 of Reach DS1-L: DS-1-Lower Avg. Flow Depth=0.53' Max Vet=11.11 fps Inflow=56.61 cfs 3.242 of n=0.035 L=150.0' S=0.2000'/' Capacity=175.15 cfs Outflow=56.59 cfs 3.242 of Reach DS1-U: DS-1-Upper Avg. Flow Depth=0.53' Max Vet=9.33 fps Inflow=47.97 cfs 2.788 of n=0.035 L=215.0' S=0.1395 '/' Capacity=146.29 cfs Outflow=47.93 cfs 2.788 of Reach DS2-L: DS-2-Lower Avg. Flow Depth=0.40' Max Vet=11.58 fps Inflow=42.91 cfs 2.577 of n=0.035 L=120.0' S=0.3000 '/' Capacity=214.51 cfs Outflow=42.91 cfs 2.577 of Reach DS2-U: DS-2-Upper Avg. Flow Depth=0.36' Max Vet=10.39 fps Inflow=34.37 cfs 2.096 of n=0.035 L=110.0' S=0.2727'/' Capacity=204.53 cfs Outflow=34.36 cfs 2.096 of Pond 25P: Basin east of RR, NW of S Peak EIev=961.02' Storage=0.855 of Inflow=10.72 cfs 7.962 of Outflow=8.69 cfs 7.935 of Pond 26P: Wetland west of RR trail, NW of Peak EIev=956.32' Storage=1.392 of Inflow=10.91 cfs 8.724 of Primary=4.56 cfs 4.358 of Secondary=4.56 cfs 4.358 of Outflow=9.13 cfs 8.717 of Pond EX-25P: Existing Basin east of RR, NW Peak Elev=958.48' Storage=0.053 of Inflow=1.17 cfs 0.187 of Outflow=0.24 cfs 0.165 of Pond EX-26P: Existing Wetland west of RR Peak EIev=956.00' Storage=0.864 of Inflow=6.52 cfs 0.954 of Primary=1.25 cfs 0.954 of Secondary=0.00 cfs 0.000 of Outflow=1.25 cfs 0.954 of Pond P-1: P-1 Peak EIev=995.60' Storage=224,323 cf Inflow=82.40 cfs 7.786 of 18.0" Round Culvert n=0.013 L=1,550.0' S=0.0232'/' Outflow=10.22 cfs 7.775 of Pond P-2: SE pond Peak EIev=1,022.86' Storage=198,481 cf Inflow=58`31 cfs .3.384 of 12.0" Round Culvert n=0.012 L=575.0' S=0.0400 '/' Outflow=3.89 cfs 3.358 of Pond SE-pipe: SE culvert Peak EIev=1,049.86' Inflow=58.31 cfs 3.384 of 24.0" Round Culvert n=0.011 L=100.0' S=0.1000 '/' Outflow=58.31 cfs 3.384 of Pond SW-pipe: SW Culvert Peak EIev=1,032.90' Inflow=79.97 cfs 4.428 of 24.0" Round Culvert n=0.011 L=90.0' S=0.0222 '/' Outflow=79.97 cfs 4.428 of Total Runoff Area = 69.189 ac Runoff Volume = 9.766 of Average Runoff Depth = 1.69" 99.65% Pervious = 68.949 ac 0.35% Impervious = 0.240 ac T:10742\1406Wune11CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC page 7 Summary for Subcatchment 1A: 1A Runoff = 4.66 cfs @ 11.99 hrs, Volume= 0.226 af, Depth= 2.37" Runoff by SCS TR-20 method, UH=SCS, -Time Span=.0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sf) CN Description 49,776 77 Top of Landfill 49,776 100.00% Pervious Area Tc Length Slope Velocity Capacity Description 7.0 600 1.43 Direct Entry, Runoff T:\074211406\June11CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCADO 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 8 Summary for Subcatchment 1 B: 1 B Runoff = 30.18 cfs @ 12.05 hrs, Volume= 1.784 af, Depth= 2.37" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sf) CN Description '` 392,876 77 Top of Landfill 392,876 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 8.5 510 1.00 Direct Entry, 4.0 _ 600 2.50 Direct Entrv. 12.5 1,110 Total Subcatchment 1 B: 1 B Hydrograph ~~ 3.0.18 cfs ~ ~ _ ~ i p Runoff 30 ~ i ~ ~~Type' II 24-hr 25 ~r Rain-fala 4.-70"- - 25 ~ Runoff Area=392 876sfI ~ ~ ~ ~ , ~ __ -.-- _ _-~ __ -_,_- _; - `;Runo'ffi~olume='1.74 of ' 20 ~ I _, unoff Depth=x.37" .. _ _ _ _ - - - -- - -Flow Leri tli=1~ 110 0 15 ~ ~ ~~ 9 ~~ - Tc~1~.5-man-~ 10 ~ ~ ~ CN=77 5 -- ,-- ~ ~ --- ---,, - ~ -- --;-- ~---~ -- - --- ~- - 0 ~ ~ ~ ..,~ ,,,,. - 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:1074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paoe 9 Summary for Subcatchment 2: 2 Runoff = 9.29 cfs @ 11.98 hrs, Volume= 0.454 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description. " 90,087 80 side of Landfill 90,087 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (fUsec) (cfs) 7.0 750 1.79 Direct Entry, Subcatchment 2: 2 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\14061June11 CityApplSurFace Water\ ER Landfill 06_2011-dead storage affect .Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 10 Summary for Subcatchment 3: 3 Runoff = 12.08 cfs @ 11.98 hrs, Volume= 0.590 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description * 117,164 80 side of Landfill 117,164 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 750 1.79 Direct Entry, Runoff ... ..... ... .. ... .. ..~.. ..,. .~ ,.~.. ..,:. .. f.. ~.R...,~....~....~~...~,. .. ~.. ..,. .. .~.. ..~.. ,,~.. ..i 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406Wune11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 11 Summary for Subcatchment 4: 4 Runoff = 5.11 cfs @ 11.98 hrs, Volume= 0.250 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sf) CN Description 49,610 80 Side of landfill 49,610 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 900 2.14 Direct Entry, Subcatchment 4: 4 Hydrograph 5.11 cfs ~ ~ '~ ~ ~ ~ ~ Runoff 5 I ~ TYpe 1124'-hr~25,yr- ' ~ ~ ~ Rainfall=!,4.70" - - ~ -- - 4 -,-, - ~- - -Runoff-Area- 49 610 sfi- ., ! ~ ~ kun~off~Voaume=0.250 ~af ,,--; _~ ' _ _ - 'Ru'nof#-Depth=2.S3";. ~,, 3 ~ - - - 3 ~ ~ ~ ~: ; Floua- Length; 900' o ~, ~Tc ~ 7~0 m'ix~ u_ 2 -- ~ - __, _ _ - - __, 0- C~V-8 '--, _ -~-- ,- -~ ~------~ r- __ _ ~ '-- -- -- - I 1 ~ , I 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15!2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 12 Summary for Subcatchment 5: 4 Runoff = 10.80 cfs @ 11.98 hrs, Volume= 0.527 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sf) CN Description 104,726 80 side of Landfill 104,726 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 Direct Entry, Subcatchment 5: 4 Hydrograph ~ 1_ _'_ 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406Wune11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type I! 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC page ~ 3 Summary for Subcatchment 6: 4 Runoff = 12.21 cfs @ 11.98 hrs, Volume= 0.596 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 118,421 80 side of Landfill 118,421 100.00% Pervious Area Tc Length Slope Velocity Capacity Description 7.0 Direct Entry, Subcatchment 6: 4 Hydrograph 21 12 10 ~-' .... g - v 3 ~ ,.. - - 0 6 u. _ ; 4 2 Runoff 0 , ~~„. .t ~.. .. ..,., ~..;~~, ~., . ,..,.,. , ,... 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfil{ 06_2011-dead storage affect Type II 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 14 Summary for Subcatchment 7: 7 Runoff = 28.76 cfs @ 12.05 hrs, Volume= 1.735 af, Depth= 2.37" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs. Type li 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 382,086 77 Top of Landfill 382,086 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 9.0 540 1.00 Direct Entry, 0.1 80 9.00 Direct Entry, 4.0 600 2.50 Direct Entrv. 13.1 1,220 Total Subcatchment 7: 7 Hydrograph 30 2$.76 CfS ~.. - ~ - ~_ _ _, - ~ _ ~-- _ _ ~ _ _ ~_ ~ Runoff Type' II 24-hr 25 ~r ' Rainfall=x.70" ' 25 _ _; ~ ~ 'Runoff Area=382 086sf -- _ __. __ 20 ~ ',Runoff Volume=1.75 of j ~ ~ ~ ~ , ~~ I i 1 ~ I -, - -Runoff Deptfa- .3T" , 0 15 ~ ~ ~ Flow Length 1;,20' ~ ~ ~ ~ ~ c '1 10 ~ ~ ~ T =1~3. mjn CN=77 5 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:10742\1406\June11CityApp\Sur'face Water! ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15!2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 15 Summary for Subcatchment 8: 8 Runoff = 9.84 cfs @ 11.98 hrs, Volume= 0.481 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description '~ 95,406 80 side of Landfill 95,406 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 900 2.14 Direct Entry, Subcatchment 8: 8 Hydrograph 11 ~e Runoff 9.84 cfs - - ._ T _ e 11 24-hr_ 25yx- ~p _ _ -_ _~_ ~_ _Rainfall.-4.7.0"_ -- -__, _ _ Run_offA 8 - ~, - ! '~ ~~ ~ ~, i~ea=95,406 sf_ ~~ - - - - ", 7 ~ - -' _ _ _Runoff Volium;e=_0._481_ af_ ,~ -- - -- - 6 ;- -_R_urloff Depth=2.6~" 3 5 ~ ~ ~ ~; o - - - - - - - - ~ Flow Length_=_900 _ - - - ._ -- - ~ 4 - _ _ _ c-7.0 _min T 3 ~ ~ -- - -- :- - CN=80 , 2 ~ ,- -_ --- ---- ---- 0 - ~ .,:,. ~.,. .,....,. ~ .,... ~,.r..,.. ..~.. 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\074211406\June11CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 16 Summary for Subcatchment 9: 8 Runoff = 4.87 cfs @ 11.98 hrs, Volume= 0.238 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type 11.24-hr 25 yr Rainfall=4.70" Area (sf) CN Description 47,226 80 side of Landfill 47,226 100.00% Pervious Area Tc Length Slope Velocity Capacity Description ___(min) (feet) (ft/ft) (ft/sec) (cfs) 0.3 150 9.00 Direct Entry, 6.7 800 2.00 Direct Entrv. 7.0 950 Total Subcatchment 9: 8 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paoe 17 Summary for Subcatchment 10: 10 Runoff = 7.39 cfs @ 11.98 hrs, Volume= 0.361 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 71,666 80 side of Landfill 71,666 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 750 1.79 Direct Entry, Subcatchment 10: 10 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time {hours) T:1074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 18 Summary for Subcatchment 11:11 Runoff = 10.23 cfs @ 11.98 hrs, Volume= 0.489 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (sfl CN Description 97,074 80 side of Landfill 97,074 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 0.1 55 9.00 Direct Entry, 6.2 750 2.00 Direct Entrv. 6.4 805 Total Subcatchment 11: 11 Hydrograph 11 ~ 10.3 10 _ _' 9 _ _ _. 8 ,~ 7 , - ~ -- 6 3 --- _ 0 5 ,~ , - - i ,__ ~ ~ , _- - _. CfS ~ '_ . ~ Runoff - ~-- - - ~ -- 1-- ~- -1 -~ ~- -- L Type' 1124-h r 25 y r ~' ~ '~ ~ ~ Rainfall=4.70" '~ ~ '~ Runoff Area=97 074 'sf j Runoff Volume=0.4$9 of _~ Runoff Depth=2.63" - - -_ - _-__-- -FI --,- ;---, - --_-~ , _ -, ~ ow Length=805. _ _~ ~ - ,_ _ ___ -I;---,, --I------ Tc=6.4 min CN=80 i ~ ~ ~ I ~ ~, ~..._~__ 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\14061June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 19 Summary for Subcatchment 12: 12 Runoff = 1.69 cfs @ 11.98 hrs, Volume= 0.081 af, Depth= 2.63" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr25 yr Rainfall=4.70" Area (sfl CN Description 16,047 80 side of Landfill 16,047 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft} (ft/sec) (cfs) 0.1 55 9.00 Direct Entry, 6.2 750 2.00 Direct Entrv. 6.4 805 Total Subcatchment 12: 12 Hydrograph Runoff w 3 0 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:10742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 20 Summary for Subcatchment 25S: watershed NW of South Expansion Runoff = 1.17 cfs @ 12.14 hrs, Volume= 0.187 af, Depth= 0.38" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (ac) CN Description 5.550 43 Woods/grass comb., Fair, HSG A 0.260 78 Meadow, non-grazed, HSG D 0.120 98 rail bed 5.930 46 Weighted Average 5.810 97.98% Pervious Area 0.120 2.02% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.0 .Direct Entry, Subcatchment 25S: watershed NW of South Expansion Hydrograph ', Typle 11~24~ hr;25 ~yr R;unQff ~4rea=~.9~0 sac Run~off~Volume=0.187 ~af Runoff Depth=0.38" Tc=15.0 min ~~~ ~ CN=46 '. ^ Runoff 0 5 10.15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 21 Summary for Subcatchment 26S: wetland west of RR trail Runoff = 6.51 cfs @ 12.30 hrs, Volume= 0.790 af, Depth= 0.95" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (ac) CN Description 4.000 78 Meadow, non-grazed, HSG D 5.930 43 Woods/grass comb., Fair, HSG A 9.930 57 Weighted Average 9.930 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 30.0 Direct Entry, Runoff T:\0742\1406\June11 CityApp\Surface Waterl ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 22 Summary for Subcatchment EX-25S: Existing watershed NW of South Expansion Runoff = 1.17 cfs @ 12.14 hrs, Volume= 0.187 af, Depth= 0.38" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area (ac) CN Description 5.550 43 Woods/grass comb., Fair, HSG A 0.260 78 Meadow, non-grazed, HSG D 0.120 98 rail bed 5.930 46 Weighted Average 5.810 97.98% Pervious Area 0.120 2.02% Impervious Area Tc Length Slope Velocity Capacity Description (rnin) (feet) (ft/ft) (ft/sec) (cfs) 15.0 Direct Entry, Subcatchment EX-25S: Existing watershed NW of South Expansion Hydrograph .1.17 cfs ~I ~~ I : ~ Typie 11~24'~ hr;25 ~yr ' - ~ - ~ - - ~- `- -'~ - '.- - - - - =~ ~ ~ -~ - --~RainfaH=~4-.7~" - 1 - I' I Runoff ~4rea=5.90 ac ,~ ~~ I ~ ~ ~ ~ Run~off~Vollur>'~e=0.1'87 ~af 'Ru'noff Depth=0.38" ... 3 ~ ~ ~ Tc=15.0 min CN=46 ,,, , 6 , Runoff 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time- (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD®9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 23 Summary for Subcatchment EX-26S: Existing wetland west of RR trail Runoff = 6.51 cfs @ 12.30 hrs, Volume= 0.790 af, Depth= 0.95" Runoff by SCS TR20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 25 yr Rainfall=4.70" Area lac) CN Description 4.000 78 Meadow, non-grazed, HSG D 5.930 43 Woods/grass comb., Fair, HSG A 9.930 57 Weighted Average 9.930 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 30.0 Direct Entry, Subcatchment EX-26S: Existing wetland west of RR trail T:\0742\1406\June11 CityApp\Surface Waterl ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 24 Summary for Reach DS1-L: DS-1-Lower [61] Hint: Exceeded Reach DS1-U outlet invert by 0.53' @ 12.02 hrs Inflow Area = 15.773 ac, 0.00% Impervious, Inflow Depth = 2.47" for 25 yr event Inflow = 56.61 cfs @ 12.01 hrs, Volume= 3.242 of Outflow = 56.59 cfs @ 12.01 hrs, Volume= 3.242 af, Atten= 0%, Lag= 0.2 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 11.11 fps, Min. Travel Time= 0.2 min Avg. Velocity = 2.69 fps, Avg. Travel Time= 0.9 min Peak Storage= 763 cf @ 12.01 hrs Average Depth at Peak Storage= 0.53' Bank-Full Depth= 1.00', Capacity at Bank-Full= 175.15 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 150.0' Slope= 0.2000 '/' Inlet Invert= 1,060.00', Outlet Invert= 1,030.00' T:\0742\14061June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 25 Reach DS1-L: DS-1-Lower 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06 2011-dead storage affect Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15!2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paoe 26 Summary for Reach DS1-U: DS-1-Upper Inflow Area = 13.705 ac, 0.00% Impervious, Inflow Depth = 2.44" for 25 yr event Inflow = 47.97 cfs @ 12.01 hrs, Volume= 2.788 of Outflow = 47.93 cfs @ 12.02 hrs, Volume= 2.788 af, Atten= 0%, Lag= 0.3 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 9.33 fps, Min. Travel Time= 0.4 min Avg. Velocity = 2.27 fps, Avg. Travel Time= 1.6 min Peak Storage= 1,104 cf @ 12.02 hrs Average Depth at Peak Storage= 0.53' Bank-Full Depth= 1.00', Capacity at Bank-Full= 146.29 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 215.0' Slope= 0.1395 '/' Inlet Invert= 1,090.00', Outlet Invert= 1,060.00' Inflow [] Outflow T:\0742\14061June11 CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfa11=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 27 Summary for Reach DS2-L: DS-2-Lower [62] Hint: Exceeded Reach DS2-U OUTLET depth by 0.05' @ 11.98 hrs Inflow Area = 12.607 ac, 0.00% Impervious, Inflow Depth = 2.45" for 25 yr event Inflow = 42.91 cfs @ 12.02 hrs, Volume= 2.577 of Outflow = 42.91 cfs @ 12.02 hrs, Volume= 2.577 af, Atten= 0%, Lag= 0.1 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 11.58 fps, Min. Travel Time= 0.2 min Avg. Velocity = 2.83 fps, Avg. Travel Time= 0.7 min Peak Storage= 445 cf @ 12.02 hrs Average Depth at Peak Storage= 0.40' Bank-Full Depth= 1.00', Capacity at Bank-Full= 214.51 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 120.0' Slope= 0.3000 'P Inlet Invert= 1,060.00', Outlet Invert= 1,024.00' T:\0742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s!n 02201 ©2010 HydroCAD Software Solutions LLC Paae 28 Reach DS2-L: DS-2-Lower Hydrograph 35 30 25 3 -° 20 15 1 ~' ~ ~ ^ Inflow 42.91 cfs ^ outflow Infaow ~-rea=12.07 ac ;. ' Avg.;' FI-ow Depth=0.40'-' ~. Moir Vcl_~ ~ ~S2 fr,~ O i" E` ~ f~~ ~~~.a ~~.w ~ ~~ ~ ~ ! 1 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApplSurFace Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 29 Summary for Reach DS2-U: DS-2-Upper Inflow Area = 10.417 ac, 0.00% Impervious, Inflow Depth = 2.41" for 25 yr event Inflow = 34.37 cfs @ 12.03 hrs, Volume= 2.096 of Outflow = 34.36 cfs @ 12.03 hrs, Volume= 2.096 af, Atten= 0%, Lag= 0.1 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 10.39 fps, Min. Travel Time= 0.2 min Avg. Velocity = 2.55 fps, Avg. Travel Time= 0.7 min Peak Storage= 364 cf @ 12.03 hrs Average Depth at Peak Storage= 0.36' Bank-Full Depth= 1.00', Capacity at Bank-Full= 204.53 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 110.0' Slope= 0.2727 '/' Inlet Invert= 1,090.00', Outlet Invert= 1,060.00' Inflow ^ Outflow 0 ~, ;, ..,.,, ,, ~ .,,,,.~ , ., ,,.,,, ,,,.,,. ~ , ~ .,, , .,., ~, 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8!15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 30 Summary for Pond 25P: Basin east of RR, NW of S expansion [79] Warning: Submerged Pond P-1 Primary device # 1 OUTLET by 4.02' Inflow Area = 43.399 ac, 0.28% Impervious, Inflow Depth > 2.20" for 25 yr event Inflow = 10.72 cfs @ 12.49 hrs, Volume= 7.962 of Outflow = 8.69 cfs @ 15.58 hrs, Volume= 7.935 af, Atten= 19%, Lag= 185.7 min Primary = 8.69 cfs @ 15.58 hrs, Volume= 7.935 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 961.02' @ 15.58 hrs Surf.Area= 0.544 ac Storage= 0.855 of Plug-Flow detention time= 72.9 min calculated for 7.933 of (100% of inflow) Center-of-Mass det. time= 59.7 min (1,213.4 - 1,153.7 ) Volume Invert Avail.Storage Storage Description #1 958.00' 3.450 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc:Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 958.00 0.080 0.000 0.000 960.00 0.330 0.410 0.410 962.00 0.750 1.080 1.490 964.00 1.210 1.960 3.450 Device Routing Invert Outlet Devices #1 Primary 963.50' 8.0' long x 8.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.43 2.54 2.70 2.69 2.68 2.68 2.66 2.64 2.64 2.64 2.65 2.65 2.66 2.66 2.68 2.70 2.74 #2 Primary 958.23' 15.0" Round Culvert L= 25.0' RCP, square edge headwall, Ke= 0.500 Inlet /Outlet Invert= 958.23' / 958.06' S= 0.0068 '/' Cc= 0.900 n= 0.013 Primary OutFlow Max=8.69 cfs @ 15.58 hrs HW=961.02' (Free Discharge) ~1=Broad-Crested Rectangular Weir(Controls 0.00 cfs) 2=Culvert (Inlet Controls 8.69 cfs @ 7.08 fps) T:\0742i1406Wune11 CityApp\Surface Water\ ER Landfi1106_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 31 Pond 25P: Basin east of RR, NW of S expansion Hydrograph lnflow 12 _ 10.72 cfs Q Primary 11 ~ 'Inflow Area=43.399- ac 10 _' Peale E1ev='96'1.02' 8.6.9 cfs 9 Storage=0:855- of . 8 ,- ~ 7 _ - - v r ~~ 6 3 o ~_ _ ~: _ _ 5- u. i 4~~ 2 ,- ~ ~-- ~--~=- --; - -- ~--~ -~- --- - 1 ' O i' ~ ~ or e ~ a ~ ~ ~ F ~~~ ~ .i i 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 32 Summary for Pond 26P: Wetland west of RR trail, NW of S Expansion Inflow Area = 53.329 ac, 0.23% Impervious, Inflow Depth > 1.96" for 25 yr event Inflow = 10.91 cfs @ 12.35 hrs, Volume= 8.724 of Outflow = 9.13 cfs @ 16.33 hrs, Volume= 8.717 af, Atten= 16%, Lag= 239.0 min Primary = 4.56 cfs @ 16.33 hrs, Volume= 4.358 of Secondary = 4.56 cfs @ 16.33 hrs, Volume= 4.358 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Starting Elev= 955.76' Surf.Area= 1.135 ac Storage= 0.562 of Peak Elev= 956.32' @ 16.33 hrs Surf.Area= 1.838 ac Storage= 1.392 of (0.830 of above start) Plug-Flow detention time= 210.1 min calculated for 8.153 of (93% of inflow) Center-of-Mass det. time= 76.7 min (1,262.6 - 1,185.9 ) Volume Invert Avail.Storage Storage Description #1 954.77' 6.337 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 954.77 0.000 0.000 0.000 956.00 1.410 0.867 0.867 958.00 4.060 5.470 6.337 Device Routing Invert Outlet Devices #1 Primary 955.76' 4.0' long x 20.0' breadth south weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 #2 Secondary 955.76' 4.0' long x 20.0' breadth north weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=4.56 cfs @ 16.33 hrs HW=956.32' (Free Discharge) L1=south weir (Weir Controls 4.56 cfs @ 2.03 fps) Secondary OutFlow Max=4.56 cfs @ 16.33 hrs HW=956.32' (Free Discharge) 2=north weir (Weir Controls 4.56 cfs @ 2.03 fps) T:\0742\1406\June11 CityApp\Surface Waterl ER Landfill 06_201.1-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 33 Pond 26P: Wetland west of RR trail, NW of S Expansion Hydrograph 10.91:_ cfs ~ _ - ;- - C1 Inflow 12 ~-~ - ° ~- Inflow Area=53.329_ac '. ~--~ Outflow 9.13 CfS Peak: Elev=956.32' ^ Primary -" Sto' ^ Seconds rage.=-1-.39.2 a# rY 10 ~, ~~, 8 fi v o s- 4.56 cfs 0 5 101520 25 3035 4045 50 5560 6570 75 8085 9095 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 34 Summary for Pond EX-25P: Existing Basin east of RR, NW of S expansion Inflow Area = 5.930 ac, 2.02% Impervious, Inflow Depth = 0.38" for 25 yr event Inflow = 1.17 cfs @ 12.14 hrs, Volume= 0.187 of Outflow = 0.24 cfs @ 14.01 hrs, Volume= 0.165 af, Atten= 80%, Lag= 111.9 min Primary 0.24 cfs @ 14.01 hrs, Volume= 0.165 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 958.48' @ 14.01 hrs Surf.Area= 0.140 ac Storage= 0.053 of Plug-Flow detention time= 221.0 min calculated for 0.165 of (88% of inflow) Center-of-Mass det. time= 166.4 min (1,129.2 - 962.8 ) Volume Invert Avail.Storage Storage Description #1 958.00' 3.450 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc. Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 958.00 0.080 0.000 0.000 960.00 0.330 0.410. 0.410 962.00 0.750 1.080 1.490 964.00 1.210 1.960 3.450 Device Routing Invert Outlet Devices #1 Primary 963.50' 8.0' long x 8.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.43 2.54 2.70 2.69 2.68 2.68 2.66 2.64 2.64 2.64 2.65 2.65 2.66 2.66 2.68 2.70 2.74 #2 Primary 958.23' 15.0" Round Culvert L= 25.0' RCP, square edge headwall, Ke= 0.500 Inlet /Outlet Invert= 958.23' / 958.06' S= 0.0068 '/' Cc= 0.900 n= 0.013 Primary OutFlow Max=0.24 cfs @ 14.01 hrs HW=958.48' (Free Discharge) ~1=Broad-Crested Rectangular Weir(Controls 0.00 cfs) 2=Culvert (Barrel Controls 0.24 cfs @ 2.02 fps) T:\0742\14061June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 35 Pond EX-25P: Existing Basin east of RR, NW of S expansion Hydrograph 1.17 cfs ^ inflow Inflow Area=5.930 ac . ~ Primary __ __ Peak Elev=958.A~8'-... 1 ' $torage=0.053 of ; ,. 3 o ~ I ~, , 0.24 cfs ~~ ~~ 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 36 Summary for Pond EX-26P: Existing Wetland west of RR trail, NW of S Expansion Inflow Area = 15.860 ac, 0.76% Impervious, Inflow Depth = 0.72" for 25 yr event Inflow = 6.52 cfs @ 12.30 hrs, Volume= .0.954 of Outflow = 1.25 cfs @ 13.74 hrs, Volume= 0.954 af, Atten= 81 %, Lag= 86.9 min Primary = 1.25 cfs @ 13.74 hrs, Volume= 0.954 of Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Starting Elev= 955.76' Surf.Area= 1.135 ac Storage= 0.562 of Peak Elev= 956.00' @ 13.74 hrs Surf.Area= 1.408 ac Storage= 0.864 of (0.303 of above start) Plug-Flow detention time= 767.7 min calculated for 0.392 of (41 % of inflow) Center-of-Mass det. time= 223.9 min (1,171.8 - 947.9 ) Volume Invert Avail.Storage Storage Description #1 954.77' 6.337 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 954.77 0.000 0.000 0.000 956.00 1.410 0.867 0.867 958.00 4.060 5.470 6.337 Device Routing Invert Outlet Devices #1 Primary 955.76' 4.0' long x 20.0' breadth Broad-Crested Rectangular Weir Head (feet} 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 #2 Secondary 957.87' 4.0' long x 20.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=1.25 cfs @ 13.74 hrs HW=956.00' (Free Discharge) t--1=Broad-Crested. Rectangular Weir(Weir Controls 1.25 cfs @ 1.31 fps) Secondary OutFlow Max=0.00 cfs @ 0.00 hrs HW=955.76' (Free Discharge) 2=Broad-Crested Rectangular Weir (Controls 0.00 cfs) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 37 Pond EX-26P: Existing Wetland west of RR trail, NW of S Expansion Hydrograph 6.52 cfs C1 Inflow _ __ Inflow Area=.15.8..6.0 ac . ~ ~ Outflow 7 ~ ,Peak'Elev=956.00' ~ Primary Storage=b.864-~af - Secondary 6 -- - _ 5 N ~ 4 ~, ., _ _ _ -- 3 0 3 _ ', 1.25 cfs - 2 ~~ x.00 cfs fir;, - ,; ,~; ~~;-.~~.,~.~ ;, o .. 0 10 20 30 40 50 60 70 80 90 Time (hours) T:\074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 ~droCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paoe 38 Summary for Pond P-1: P-1 [79] Warning: Submerged Pond SW-pipe Primary device # 1 OUTLET by 1.60' Inflow Area = 37.469 ac, 0.00% Impervious, Inflow Depth = 2.49" for 25 yr event Inflow = 82.40 cfs @ 12.00 hrs, Volume= 7.786 of Outflow = 10.22 cfs @ 12.77 hrs, Volume= 7.775 af, Atten= 88%, Lag= 46.0 min Primary = 10.22 cfs @ 12.77 hrs, Volume= 7.775 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Starting Elev= 993.00' Surf.Area=.32,416 sf Storage= 126,087 cf Peak Elev= 995.60' @ 12.77 hrs Surf.Area= 43,079 sf Storage= 224,323 cf (98,237 cf above start) Plug-Flow detention time=- 587.5 min calculated for 4.881 of (63% of inflow) Center-of--Mass det. time= 178.4 min (1,158.3 - 979.9 ) Volume Invert Avail.Storage Storage Description #1 986.00' 454,086 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 986.00 0 0 0 988.00 13, 052 13, 052 13, 052 990.00 20,600 33,652 46,704 992.00 28,383 48,983 95,687 994.00 36,449 64,832 160,519 996.00 44,713 81,162 241,681 998.00 53,288 98,001 339,682 1,000.00 61,116 114,404 454,086 Device Routing Invert Outlet Devices #1 Primary 993.00' 18.0" Round Culvert L= 1,550.0' CPP, mitered to conform to fill, Ke= 0.700 Inlet /Outlet Invert= 993.00' / 957.00' S= 0.0232 '/' Cc= 0.900 n= 0.013 Corrugated PE, smooth interior Primary OutFlow Max=10.22 cfs @ 12.77 hrs HW=995.60' (Free Discharge) t-1=Culvert (Inlet Controls 10.22 cfs @ 5.79 fps) T:\0742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCADO 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 39 Pond P-1: P-1 T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type li 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 .HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 40 Summary for Pond P-2: SE pond Inflow Area = 16.288 ac, 0.00% Impervious, Inflow Depth = 2.49" for 25 yr event Inflow = 58.31 cfs @ 12.00 hrs, Volume= 3.384 of Outflow 3.89 cfs @ 13.09 hrs, Volume= 3.358 af, Atten= 93%, Lag= 64.9 min Primary = 3.89 cfs @ 13.09 hrs, Volume= 3.358 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0..02 hrs Starting Elev= 1,021.00' Surf.Area= 38,218 sf Storage= 119,575 cf Peak Elev= 1,022.86' @ 13.09 hrs Surf.Area= 46,657 sf Storage= 198,481 cf (78,906 cf above start) Plug-Flow detention time= 1,257.1 min calculated for 0.613 of (18% of inflow) Center-of--Mass det. time= 348.9 min (1,178.8 - 829.8 ) Volume Invert.... AvaiLStorage Storage Description #1 1,016.00' 501,090 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 1,016.00 0 0 0 1,018.00 24,905 24,905 24,905 1,020.00 33,771 58,676 83,581 1,022.00 42,664 76,435 160,016 1,024.00 51,937 94,601 254,617 1,026.00 61,532 113,469 368,086 1,028.00 71,472 133,004 501,090 Device Routing Invert Outlet Devices #1 Primary 1,021.00' 12.0" Round Culvert L= 575.0' RCP, mitered to conform to fill, Ke= 0.700 Inlet /Outlet Invert= 1,021.00' / 998.00' S= 0.0400 '/' Cc= 0.900 n= 0.012 Concrete pipe, finished Primary OutFlow Max=3.89 cfs @ 13.09 hrs HW=1,022.86' (Free Discharge) L1=Culvert (Inlet Controls 3.89 cfs @ 4.96 fps) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 41 Pond P-2: SE pond Hydrograph 58.31 cfs ~ ^ Inflow 60-- ~ Inflow Area=16...288 ac ^ Primary : x.86' Peak Elev=1 02 50 ~ _Stolrage=198,481 cf 40 ~ 12.0" ~ .,. _ Round Cuwert -. c 30 n=0.012 ~- 0' ~ L=575. 20 . _ ~~ S-0 0400 / 10 3.89 c fs ~, ~, 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Waterl ER Landfill 06_2011-dead storage affect Type 11 24-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCADO 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 42 Summary for Pond SE-pipe: SE culvert [57] Hint: Peaked at 1,049.86' (Flood elevation advised) [62] Hint: Exceeded Reach DS2-L OUTLET depth by 25.44' @ 12.00 hrs Inflow Area = 16.288 ac, 0.00% Impervious, Inflow Depth = 2.49" for 25 yr event Inflow = 58.31 cfs @ 12.00 hrs, Volume= 3.384 of Outflow = 58.31 cfs @ 12.00 hrs, Volume= 3.384 af, Atten= 0%, Lag= 0.0 min Primary = 58.31 cfs @ 12.00 hrs, Volume= 3.384 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 1,049.86' @ 12.00 hrs Device Routing Invert Outlet Devices #1 Primary 1,034.00' 24.0" Round Culvert L= 100.0' Ke= 0.500 Inlet /Outlet Invert= 1,034.00' / 1,024.00' S= 0.1000'/' Cc= 0.900 n= 0.011 Concrete pipe, straight & clean Primary OutFlow Max=58.12 cfs @ 12.00 hrs HW=1,049.76' (Free Discharge) t--1=Culvert (Inlet Controls 58.12 cfs @ 18.50 fps) [] Inflow Primary 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 25 yr Rainfall=4.70" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 43 Summary for Pond SW-pipe: SW culvert [57j Hint: Peaked at 1,032.90' (Flood elevation advised) [62] Hint: Exceeded Reach DS1-L OUTLET depth by 2.36' @ 12.00 hrs Inflow Area = 21.181 ac, 0.00% Impervious, Inflow Depth = 2.51" for 25 yr event Inflow = 79.97 cfs @ 12.00 hrs,. Volume= 4.428 of Outflow = 79.97 cfs @ 12.00 hrs, Volume= 4.428 af, Atten= 0%, Lag= 0.0 min Primary = 79.97 cfs @ 12.00 hrs, Volume= 4.428 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt=.0.02 hrs Peak Elev= 1,032.90' @ 12.00 hrs Device_ Routing Invert Outlet Devices #1 Primary 996.00' 24.0" Round Culvert L= 90.0' RCP, mitered to conform to fill, Ke= 0.700 Inlet /Outlet Invert= 996.00' / 994.00' S= 0.0222 '/' Cc= 0.900 n= 0.011 Concrete pipe, straight & clean Primary OutFlow Max=79.85 cfs @ 12.00 hrs HW=1,032.79' (Free Discharge) L1=Culvert (Inlet Controls 79.85 cfs @ 25.42 fps) Inflow [] Primary 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\SurFace Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 44 Time span=0.00-96.00 hrs, dt=0.02 hrs, 4801 points Runoff by SCS TR-20 method, UH=SCS Reach routing by Stor-Ind method -Pond routing by Stor-Ind method Subcatchment1A: 1A RunoffArea=49,776 sf 0.00% Impervious Runoff Depth=3.39" Flow Length=600' Tc=7.0 min CN=77 Runoff=6.60 cfs 0.323 of SubcatChment 1 B: 1 B Runoff Area=392,876 sf 0.00% Impervious Runoff Depth=3.39" Flow Length=1,110' Tc=12.5 min CN=77 Runoff=42.97 cfs 2.549 of SubcatChment2: 2 Runoff Area=90,087 sf 0.00% Impervious Runoff Depth=3.69" Flow Length=750' Tc=7.0 min CN=80 Runoff=12.86 cfs 0.636 of Subcatchment3: 3 RunoffArea=117,164 sf 0.00% Impervious Runoff Depth=3.69" Flow Length=750' Tc=7.0 min CN=80 Runoff=16.73 cfs 0.827 of Subcatchment4: 4 Runoff Area=49,610 sf 0.00% Impervious Runoff Depth=3.69" Flow Length=900' Tc=7.0 min CN=80 Runoff=7.08 cfs 0.350 of Subcatchment5: 4 Runoff Area=104,726 sf 0.00% Impervious Runoff Depth=3.69" Tc=7.0 min CN=80 Runoff=14.95 cfs 0.740 of Subcatchment6: 4 Runoff Area=118,421 sf 0.00% Impervious Runoff Depth=3.69" Tc=7.0 min CN=80 Runoff=16.91 cfs 0.836 of Subcatchment7: 7 RunoffArea=382,086 sf 0.00% Impervious Runoff Depth=3.39" Flow Length=1,220' Tc=13.1 min CN=77 Runoff=40.96 cfs 2.479 of Subcatchment8: 8 Runoff Area=95,406 sf 0.00% Impervious Runoff Depth=3.69" Flow Length=900' Tc=7.0 min CN=80 Runoff=13.62 cfs 0.674 of Subcatchment9: 8 Runoff Area=47,226 sf 0.00% Impervious Runoff Depth=3.69" Flow Length=950' Tc=7.0 min CN=80 Runoff=6.74 cfs 0.333 of Subcatchment10: 10 RunoffArea=71,666 sf 0.00% Impervious Runoff Depth=3.69" Flow Length=750' Tc=7.0 min CN=80 Runoff=10.23 cfs 0.506 of Subcatchment11: 11 Runoff Area=97,074 sf 0.00% Impervious Runoff Depth=3.69" Flow Length=805' Tc=6.4 min CN=80 Runoff=14.16 cfs 0.685 of Subcatchment12: 12 RunoffArea=16,047 sf 0.00% Impervious Runoff Depth=3.69" Flow Length=805' Tc=6.4 min CN=80 Runoff=2.34 cfs 0.113 of Subcatchment25S: watershed NW of South Runoff Area=5.930 ac 2.02% Impervious Runoff Depth=0.80" Tc=15.0 min CN=46 Runoff=4.19 cfs 0.397 of Subcatchment26S: wetland west of RR trail Runoff Area=9.930 ac 0.00% Impervious Runoff Depth=1.62" Tc=30.0 min CN=57 Runoff=12.44 cfs 1.343 of SubcatchmentEX-25S: Existing watershed Runoff Area=5.930 ac 2.02% Impervious Runoff Depth=0.80" Tc=15.0 min CN=46 Runoff=4.19 cfs 0.397 of T:10742\1406Wune11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type Il 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 45 SubcatchmentEX-26S: Existing wetland Runoff Area=9.930 ac 0.00% Impervious Runoff Depth=1.62" Tc=30.0 min CN=57 Runoff=12.44 cfs 1.343 of Reach DS1-L: DS-1-Lower Avg. Flow Depth=0.65' Max Vet=12.43 fps Inflow=79.87 cfs 4.598 of n=0.035 L=150.0' S=0.2000 '/' Capacity=175.15 cfs Outflow=79.84 cfs 4.598 of Reach DS1-U: DS-1-Upper Avg. Flow Depth=0.65' Max Vet=10.45 fps Inflow=67.85 cfs 3.962 of n=0.035 L=215.0' S=0.1395'/' Capacity=146.29 cfs Outflow=67.80 cfs 3.962 of Reach DS2-L: DS-2-Lower Avg. Flow Depth=0.49' Max Vet=13.03 fps Inflow=60.69 cfs 3.659 of n=0.035 L=120.0' S=0.3000'/' Capacity=214.51 cfs Outflow=60.69 cfs 3.659 of Reach DS2-U: DS-2-Upper Avg. Flow Depth=0.45' Max Vet=11.72 fps Inflow=48.81 cfs 2.985 of n=0.035 L=110.0' S=0.2727'/' Capacity=204.53 cfs Outflow=48.80 cfs 2.985 of Pond 25P: Basin east of RR, NW of S Peak EIev=962.01' Storage=1.495 of Inflow=15.73 cfs 11.411 of Outflow=10.49 cfs 11.383 of Pond 26P: Wetland west of RR trail, NW of Peak Elev=956.41' Storage=1.551 of Inflow=18.38 cfs 12.726 of Primary=5.59 cfs 6.359 of Secondary=5.59 cfs 6.359 of Outflow=11.18 cfs 12.718 of Pond EX-25P: Existing Basin east of RR, NW Peak Elev=958.76' Storage=0.097 of Inflow=4.19 cfs 0.397 of Outflow=0.96 cfs 0.374 of Pond EX-26P: Existing Wetland west of RR Peak EIev=956.17' Storage=1.133 of Inflow=13.08 cfs 1.718 of Primary=2.88 cfs 1.718 of Secondary=0.00 cfs 0.000 of Outflow=2.88 cfs 1.718 of Pond P-1: P-1 Peak Elev=996.65' Storage=271,494 cf Inflow=115.66 cfs 11.026 of 18.0" Round Culvert n=0.013 L=1,550.0' S=0.0232 '/' Outflow=12.78 cfs 11.014 of Pond P-2: SE pond Peak EIev=1,023.64' Storage=236,421 cf Inflow=82.08 cfs 4.791 of 12.0" Round Culvert n=0.012 L=575.0' S=0.0400 '/' Outflow=4.89 cfs 4.764 of Pond SE-pipe: SE culvert Peak EIev=1,064.44' Inflow=82.08 cfs 4.791 of 24.0" Round Culvert n=0.011 L=100.0' S=0.1000'/' Outflow=82.08 cfs 4.791 of Pond SW-pipe: SW culvert Peak EIev=1,067.78' Inflow=112.29 cfs 6.262 of 24.0" Round Culvert n=0.011 L=90.0' S=0.0222 '/' Outflow=112.29 cfs 6.262 of Total Runoff Area = 69.189 ac Runoff Volume = 14.533 of Average Runoff Depth = 2.52" 99.65% Pervious = 68.949 ac 0.35% Impervious = 0.240 ac T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 46 Summary for Subcatchment 1A: 1A Runoff = 6.60 cfs @ 11.98 hrs, Volume= 0.323 af, Depth= 3.39" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description 49,776 77 Top of Landfill 49,776 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 600 1.43 Direct Entry, Subcatchment 1A: 1A Hydrograph 6 60 CfS - _ _ - ~ - - {:; -Runoff 7 - - I - - ~ '~ _ - ~_ . _ ~ T~i~el_II 24-h r _1~00_~'yr_' - - - - - 6 '~ ; j ~ (Rainfall=~.9p" Runoff Aroma=49 776-~s# , I 5 ' Run'~off~Vo'lume=0.323'~af w 4 - _~,..- - -- --_~ ,- ; - ' --,Ru~no~F-Depth=3.39" _ 3 ~ ~; _ -_ ~ - Flow_L~ngth=600' _ ~ _ - ~_ _ _' o ,~ 3 ~ _ _ _ _ _ _ _ ITc-7.0 main - _I_ -_ ~ ~ - -- --~ - ~ ---=-- ~ - ~_--~~--- ~ -Ch1=77 _ 2 1 ~ ~ I I 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406Wune11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type Il 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 47 Summary for Subcatchment 1 B: 1 B Runoff = 42.97 cfs @ 12.04 hrs, .Volume= 2.549 af, Depth= 3.39" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sf) CN Description 392,876 77 Top of Landfill 392,876 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 8.5 510 1.00 Direct Entry, 4.0 600 2.50 Direct Entrv, 12.5 1,110 Total Subcatchment 1 B: 1 B Hydrograph ' Q Runoff 45 42.97 cfs - - - - - - ; - - - ~ - - - - ~ - -Type-I~ -2?~~ r 1-00 y-r- - --~ R •~ 40 ~ ~ _ _ ; _ ~.. aanfa - _ - _ . ~' ~ 11=x._90"- _ ; _. ;_ `- - _~_ 35 _ _ Runoff Area=392 876sf '~ 30 ~ Runoff Volume=2.549 of 25 - ~ Runoff Depth=3.39" r 3 _ - - - ~ - ,' --_- - ~ ~, 0 20 - Flow Length 1;'I 1-0' , - ~ ~-~ Tc=12:5~min 15 C N 77 ' 10 _ _, 5 . ~ ~ ~ ~ , 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD~ 9.10 s!n 02201 ©2010 HydroCAD Software Solutions LLC Page 48 Summary for Subcatchment 2: 2 Runoff = 12.86 cfs @ 11.98 hrs, Volume= 0.636 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description "` 90,087 80 side of Landfill 90,087 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ftlft) (ftlsec) (cfs} 7.0 750 1.79 Direct Entry, Subcatchment 2: 2 Hydrograph -, _ --:- Q Runoff 14 12.86 cfs ~ ~~ ~ ~ ~ ~_ - - - _ ~ - _ ~~ - - - 1-0 - - T Type -I~'I -2~-h r ~~ ~ ~~ ~~~ ~ ~~ ~~ Rainfall=5.90" __ _: 10 ~ -' ~ _ - Runoff A1~ea=90 087sf ~ ~ ~ ,~ J - -~ - '; - , - ~ - ~ - - ' - !,Runo'ff Voaum;e=0.86 a# V 8 _ ! ~ Runoff Depth=~.6~" 0 6 ~, -, ~ Fl,ow , n h=7~0 L ~_ ~ ~__~_ ~___~_ ' __ ~ -_Tc=7.0 mein . 4 - - -- . ~ I ~ CN=80 .- - -- _ _ ------- - 2 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Waterl ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9,10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 49 Summary for Subcatchment 3: 3 Runoff = 16.73 cfs @ 11.98 hrs, Volume= 0.827 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sf} CN Description 117,164 80 side of Landfill 117,164 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 750 1.79 Direct Entry, Subcatchment 3: 3 Hydrograph ._ ~- 1.6.7.3 cfs - _ ~ ~I _ _ -_ ~ Runoff 18 _ .- _ _ Type11-2~-hr'I00-fir 16 ~ ~ ~ ~ r ., 0.. 14 ~ ~ Rainfai~=5.~ - ~ - - - ~ ~ Ru_nof#_Ar-ea_=''1 a~,164s# y 12 Runoff Volume=0.8,7 of 10 ~'~ ~ ~ ~ ~ ~~ ~ ~ Runoff Depth=~.6~" o g ~ ~ Flow Length=750' - ~ ~ Tc=7.D min 6 4 - - - ~- -- ~- - , ~ - - . - -~N~80~ 2 0 .. , , ,,., ., .., ., 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\14061June11CityApp\Surface Waterl ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 50 Summary for Subcatchment 4: 4 Runoff = 7.08 cfs @ 11.98 hrs, Volume= 0.350 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description 49 610 80 Side of landfill 49,610 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 900 2.14 Direct Entry, Subcatchment 4: 4 Hydrograph ,7.0$ CfS I ~ ~ ~ I ~ Runoff .. 7 ~` ~ I ~~ '~~ ~ T~pe~ II 24-hr 1100 yr ~' ~, - -_ _ - 6 Runoff Area=49,fi10sf ~' _ - - - Run~off'~Vo'lume=0.350 ~af 5 ~ ; _ ~ - 1- - - ', - - _ I _ ' -- ;Runoff. -Depth=~.6~" _ 3 4 ~ ~ ~ ~ ~ Flo~nr Length=9Q0' -° _ _ - - _ _. - - ~Tc=7:0-gym u_ 3 - CN=80 2 ~ ~ Y - - 1 ~ ~ ~ , 0 ,~ ., , , ,, . . 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paqe 51 Summary for Subcatchment 5: 4 Runoff = 14.95 cfs @ 11.98 hrs, Volume= 0.740 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description 104 726 80 side of Landfill 104,726 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft} (ft/sec) (cfs) 7.0 Direct Entry, Subcatchment 5: 4 Hydrograph 1'4.95 cfs `--~ _ - _- _--1--- - --~ ' ~ Runoff _ ~ ~: 16 ~- - -- - - 14 - .Type-H -24=hr -1-00 +y-r - ' ' _ Raii~fa11=5.90" 12 ~ 'Runoff Area_104,726sf ----- -1- __; - _; _ -~ --~---~ ~ fi--~-_ ~- w 10- ~ _ ~ ,Runoff Wolum,e-0.70 of - ~- - ' --~-- ~ - - ;- -~--I~-unoff ~ept~~~:G9"-i 3 8 ~ '. o - tc 7.O m_in - - - -~- ,~ , 4 - - -;-- _ ~~ - 2 0 a ~ ~ ..~~ .,~~ r. ~~. ~ ~.. t ~.~ ~ ~.E,~ ~ ~ ~ i .~~F yet ~~~ 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 52 Summary for Subcatchment 6: 4 Runoff = 16.91 cfs @ 11.98 hrs, Volume= 0.836 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description 118 421 80 side of Landfill 118,421 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 Direct Entry, Subcatchment 6: 4 Hydrograph - ---- -- Runoff 16.91 cfs ~ ~ _ ~ - 18 I _ ~ -- - ~/r 16 -~ - _ ~- ~ _ - Type- I,1-3~ 1~ r'I-00 ~' , ~_ - -- ~~~ 14 ~ ~ ~' ~ Runoff ~~ ~ ~ Area_=='~ ~~ 421.. s-f_- H 12 ~ ; Rlu~Off Wolume=0.86 of ,, -;-- -, ----- - -- - -- , p --, r 10 ~ '~, ~ t~unoff De th-3.69" __ __ _ _ o g ~, ~ _ ~ - ' Tc=7.0 min ur 0 ~- - -- _ - - --- -- ---~-CN=8 6 I 4 " '~ - ,_ -- 1. ---- - i - I --I - -; _ ~_ _ I; 2 -, 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:10742\1406\June11CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type !! 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HvdroCAD Software Solutions LLC Paae 53 Summary for Subcatchment 7: 7 Runoff = 40.96 cfs @ 12.05 hrs, Volume= 2.479 af, Depth= 3.39" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sf) CN Description 382,086 77 Top of Landfill 382,086 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 9.0 540 1.00 Direct Entry, 0.1 80 9.00 Direct Entry, 4.0 600 2.50 Direct Entrv. 13.1 1,220 Total Subcatchment 7: 7 Hydrograph 45 4.96 CfS ~ I ~ ~ ~ ~ Runoff 40 _ - ~ Type I',I 24-hr 100 iyr _- ;- - -~_- - ~- a-- ~ - ~- _ _ - - -~-- 11=5.130' -Rainfa 35 ~ - - I __ _ -, -Ru-Hoff Aroma-382-086 s# .., 30 ,~ - _ - , T- _ '- -_ , - ~;Runo'ff ~[o~urrie=2.475 af__ 25 ~ j Runoff Depth=3.39" 0 20 - i ~. _ - - - _ Flow Length 1;,220' u. - __- _ __ = ~-- -~ - i-- 15 "' ~ ', ~, Tc=13.1- min ~~ '~ _ - ~ _ ~ -- -N=? -- -_ - -- -_ __---- - - 7- I'- --- -~ ------_ -~---_ _~_----~------~. _~_ +-- --~-- --~ -- 5 ~, 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 54 Summary for Subcatchment 8: 8 Runoff = 13.62 cfs @ 11.98 hrs, Volume= 0.674 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description 95,406 80 side of Landfill 95,406 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) {ft/ft) (ft/sec) (cfs) 7.0 900 2.14 Direct Entry, Subcatchment 8: 8 Hydrograph - ~ ^ Runoff ,. - -. 13.62 cfs 14 ; , ' ~ Type LI 2~-h'r -100 yr_ 12 - ~ '~ ~ Rainfall=5.90" . ; ; '_ y 10 - _ _ ~ _ _ _ 'Runoff Volume90.674 of w _ -,I __ - -,-- ---- -- -~ 8 Runoff---;-- -- ~- -- - - - ~ ~ ,Depth 3.69" ', ; ~ ; _ 6 flow Le #h 900- Tc=7.0 mm ; r 4 ; ~ CN=80 ; ~ ~ ; _ _ - -- ; f:, ..~.~ ..0.. .. F.. .. S.. ..~. ...~~...~.. ,.~.. ~.f.. .. ~.. .. ~....~.. ~. ~.. ..~.. .. F. ., .~...~~.. ,~~....~ 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\14061June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inca Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 55 Summary for Subcatchment 9: 8 Runoff = 6.74 cfs @ 11.98 hrs, Volume= 0.333 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description 47,226 80 side of Landfill 47,226 100.00% Pervious Area Tc Length Sfope Velocity Capacity Description (min) (feet) (ft!ft) (ft/sec) (cfs) 0.3 150 9.00 Direct Entry, 6.7 800 2.00 Direct Entrv. 7.0 950 Tota{ Subcatchment 9: 8 Hydrograph Runoff 6.74 cfs- - _~ _ _ - ' - ' _ 7 - Ty~pel 11 24 hr 1;00 ~yr - ,, - g '~ ~ ~ Rainfall=;5.9p" - ~~~ ~ ~ ~ ~~ -- _ ; _ _.1 Run_off_Area=47_,228,~sf_;. 5 ~ ~ ~ Run~off'Volume=0.333 ~af y ~ ~ 4 - ~ - - _ _ _ _ _ Runoff~Depth=3.69" - v 3 ~~ ~ ~ ~ ~ ~, Flow Length; 9~0' ~, _ _~. _ ~ ~ -- J _ c ~ _ ~ - - -_--- --, - - - _ - _ ~- - - - _Crl .=8.0 -~ 2 ~~ ~ ~ ~ ~~ _ -1 - - - ---_ ~ _ ----- _ ------ 1 0 5 10:15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\SurFace Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 56 Summary for Subcatchment 10: 10 Runoff = 10.23 cfs @ 11.98 hrs, Volume= 0.506 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description '" 71,666 80 side of Landfill 71,666 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 7.0 750 1.79 Direct Entry, Subcatchment 10: 10 T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 57 Summary for Subcatchment 11:11 Runoff = 14.16 cfs @ 11.98 hrs, Volume= 0.685 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description 97,074 80 side of Landfill 97,074 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 0.1 55 9.00 Direct Entry, 6.2 750 2.00 Direct Entry, 6.4 805 Total Subcatchment 11:11 Hydrograph 14.16 cfs i ~ ~ ~ Runoff ;~ ~ ; - -~ --~-- 14 '~ Type II 2?~-hr 100 yr ', - f~ainfa11=5 ~0 12 _ Runoff. Area=97,074_ sf -- 10 ~ ~ ~ ~ ~ ~Runaff Volur>t~e=b.6~5 of w - ~ - - _ ~_ _ - - - - - -R-u Toff Depth= - ~,~- 8 ~ , =3.6; o - - ~ _ - - -Flaw Lextg#h=805'- ~ g ~, Tc X6.4 min 4 ~ ~ ~ CN=80 2 ~ ~ -,, ', 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 58 Summary for Subcatchment 12: 12 Runoff = 2.34 cfs @ 11.98 hrs, Volume= 0.113 af, Depth= 3.69" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (sfl CN Description * 16,047 80 side of Landfill 16,047 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 0.1 55 9.00 Direct Entry, 6.2 750. 2.00 Direct Entry. 6.4 805 Total Subcatchment 12: 12 Hydrograph 2.34 cfs ~ ~, '; ~ ~;~ Runoff Type; II 24 hr 1.'00 lyr _ _, ~ - 2 ~ '~ ~ '~ Runoff Area=16 047 ~~sf ~~ Run~off~Volume=0.113 ~af v, ~ ~ ~ ~ I~ ~ ~ ~ n ~ ~ ~ ~ 'Runoff Depth-3.69 i~, 3 ~ Flown L;Ength; 805' LL 1 Yc=6.4 m;in CN=80 '~ 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 59 Summary for Subcatchment 25S: watershed NW of South Expansion Runoff = 4.19 cfs @ 12.11 hrs, Volume= 0.397 af, Depth= 0.80" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (ac) CN Description 5.550 43 Woods/grass comb., Fair, HSG A 0.260 78 Meadow, non-grazed, HSG D 0.120 98 rail bed 5.930 46 Weighted Average 5.810 97.98% Pervious Area 0.120 2.02% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.0 Direct Entry, Subcatchment 25S: watershed NW of South Expansion T:10742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Soffinrare Solutions LLC Page 60 Summary for Subcatchment 26S: wetland west of RR trail Runoff = 12.44 cfs @ 12.27 hrs, Volume= 1.343 af, Depth= 1.62" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (acl CN Description 4.000 78 Meadow, non-grazed, HSG D 5.930 43 Woods/grass comb., Fair, HSG A 9.930 57 Weighted Average 9.930 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 30.0 Direct Entry, Subcatchment 26S: wetland west of RR trail Hydrograph 12.44 cfs ' ! Runoff '~ - --- 12 ~ ~ 1 Type II-2~-hr 1O~ yr I' ' Rainfall=5.90" 10 ~; '~ Runoff Area=9.930 ac '~~ ~~ N __ _ ;, ___~ ~ Runoff Volume=~1.-3'43 of 8 __ v ! Runoff Depth=~.6~" 3 -- ----~-- - ---- --- c 6 ~ ~, ; Tc=30.0 main ~ ~ ~ ~ ~ _ ~ _,_CA1= 7. 4 ~ . ~ ~~, _ _ ,. r ._, ------- 2 0 t' .. ~ ~ off. ~~~~..~ ~~4..~,p.d. ~~~~ ~ E ~~~~. ~~... ~~ ~ f 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 61 Summary for Subcatchment EX-25S: Existing watershed NW of South Expansion Runoff = 4.19 cfs @ 12.11 hrs, Volume= 0.397 af, Depth= 0.80" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area (ac) CN Description 5.550 43 Woods/grass comb., Fair, HSG A 0.260 78 Meadow, non-grazed, HSG D 0.120 98 rail bed 5.930 46 Weighted Average 5.810 97.98% Pervious Area 0.120 2.02% Impervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 15.0 Direct Entry, Subcatchment EX-25S: Existing watershed NW of South Expansion 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 62 Summary for Subcatchment EX-26S: Existing wetland west of RR trail Runoff = 12.44 cfs @ 12.27 hrs, Volume= 1.343 af, Depth= 1.62" Runoff by SCS TR-20 method, UH=SCS, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Type II 24-hr 100 yr Rainfall=5.90" Area lac) CN Description 4.000 78 Meadow, non-grazed, HSG D 5.930 43 Woods/grass comb., Fair, HSG A 9.930 57 Weighted Average 9.930 100.00% Pervious Area Tc Length Slope Velocity Capacity Description (min) (feet) (ft/ft) (ft/sec) (cfs) 30.0 Direct Entry, - Subcatchment EX-26S: Existing wetland west of RR trail Hydrograph 12.44 cfs ~ ~~ ~ ~ ~ ~ '~ ~, Runoff . ~ ~~ _ _. 12 ~ ~ ~ hype 1l 2~-hlr 10~ yr ~~ Rainfall=5.90 10 ~ ~ ~ ~ '~ Runoff Ares=9.930 ac '~~ -- , ,, - ~ - ~I . '' _ ~ ~, Rte n~ff ~'/oi u~rile=~I .-343 of '' ,~ 8 v Runoff Depth=~ .62" 3 -- - -- - ----- o g ~ ~ ' Tc=30.0 m,in LL I ~ _ - - _ -,-- . _ .,_ _ -, ~ _ -, - ~-CAI_-57_.. 4 I i 2 ~ , i ~ i i ~~ i i 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 63 Summary for Reach DS1-L: DS-1-Lower [61] Hint: Exceeded Reach DS1-U outlet invert by 0.64' @ 12.00 hrs Inflow Area = 15.773 ac, 0.00% Impervious, Inflow Depth = 3.50" for 100 yr event Inflow = 79.87 cfs @ 12.01 hrs, Volume= 4.598 of Outflow = 79.84 cfs @ 12.01 hrs, Volume= 4.598 af, Atten= 0%, Lag= 0.1 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 12.43 fps, Min. Travel Time= 0.2 min Avg. Velocity = 2.96 fps, Avg. Travel Time= 0.8 min Peak Storage= 962 cf @ 12.01 hrs Average Depth at Peak Storage= 0.65' Bank-Full Depth= 1.00', Capacity at Bank-Full= 175.15 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 150.0' Slope= 0.2000 '/' Inlet Invert= 1,060.00', Outlet Invert= 1,030.00' T:1074211406\June11 CityApp\Surface Water\ ER Landfi1106_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 64 Reach DS1-L: DS-1-Lower Hydrograph Inflow 79.84 cfs ^ outflow Inflow Area-15.77 - - _- 3 ac 80 - . _ ', Avg.: Flow Depth-0.65' 70 I - Max Vet=12.43 fps 60 _ _ - - _ _ - n=0:035 50 _ L=1;50,;0' c 40 _ _ - S=0.2000 '/' _ - - ~ ~ _ Capacity=175.15 cfs 30 _ --- , 20~~ ~ r 10 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:10742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 65 Summary for Reach DS1-U: DS-1-Upper Inflow Area = 13.705 ac, 0.00% Impervious, Inflow Depth = 3.47" for 100 yr event Inflow = 67.85 cfs @ 12.01 hrs, Volume= 3.962 of Outflow = 67.80 cfs @ 12.01 hrs, Volume= 3.962 af, Atten= 0%, Lag= 0.2 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 10.45 fps, Min. Travel Time= 0.3 min Avg. Velocity = 2.51 fps, Avg. Travel Time= 1.4 min Peak Storage= 1,394 cf @ 12.01 hrs Average Depth at Peak Storage= 0.65' Bank-Full Depth= 1.00', Capacity at Bank-Full= 146.29 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 215.0' Slope= 0.1395 '/' Inlet Invert= 1,090.00', Outlet Invert= 1,060.00' Inflow Outflow 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water/ ER Landfill 06_2011-dead storage affect Type ll 24-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 f~droCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 66 Summary for Reach DS2-L: DS-2-Lower [62] Hint: Exceeded Reach DS2-U OUTLET depth by 0.06' @ 11.96 hrs Inflow Area = 12.607 ac, 0.00% Impervious, Inflow Depth = 3.48" for 100 yr event Inflow = 60.69 cfs @ 12.02 hrs, Volume= 3.659 of Outflow = 60.69 cfs @ 12.02 hrs, Volume= 3.659 af, Atten= 0%, Lag= 0.1 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 13.03 fps, Min. Travel Time= 0.2 min Avg. Velocity = 3.12 fps, Avg. Travel Time= 0.6 min Peak Storage= 559 cf @ 12.02 hrs Average Depth at Peak Storage= 0.49' Bank-Full Depth= 1.00', Capacity at Bank-Full= 214.51 cfs 8.00' x 1.00' deep channel,. n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 120.0' Slope= 0.3000 '/' Inlet Invert= 1,060.00', Outlet Invert= 1,024.00' T:10742\1406Wune11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 67 Reach DS2-L: DS-2-Lower Hydrograph G Inflow 60.69 cfs ^ outflow ea=12.607 ac 60 Inflow Ar Avg:':, Flow -Depth=0:49' 50 Max Vet=13.03 fps ____ n=0.035. ~, 40 ~ _ L-120. - .0 ..., _ - c 30 S-030fl0 ;'/' LL - , - - , Capacif y=~21 ~.5~1 cis - 20 - -~ 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed .8/15/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 68 Summary for Reach DS2-U: DS-2-Upper Inflow Area = 10.417 ac, 0.00% Impervious, Inflow Depth = 3.44" for 100 yr event Inflow = 48.81 cfs @ 12.03 hrs, Volume= 2.985 of Outflow = 48.80 cfs @ 12.03 hrs, Volume= 2.985 af, Atten= 0%, Lag= 0.1 min Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Max. Velocity= 11.72 fps, Min. Travel Time= 0.2 min Avg. Velocity = 2.81 fps, Avg. Travel Time= 0.7 min Peak Storage= 458 cf @ 12.03 hrs Average Depth at Peak Storage= 0.45' Bank-Full Depth= 1.00', Capacity at Bank-Full= 204.53 cfs 8.00' x 1.00' deep channel, n= 0.035 Side Slope Z-value= 3.0 '/' Top Width= 14.00' Length= 110.0' Slope= 0.2727 '/' Inlet Invert= 1,090.00', Outlet Invert= 1,060.00' 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 69 Summary for Pond 25P: Basin east of RR, NW of S expansion [79] Warning: Submerged Pond P-1 Primary device # 1 OUTLET by 5.01' Inflow Area = 43.399 ac, 0.28% Impervious, Inflow Depth > 3.16" for 100 yr event Inflow = 15.73 cfs @ 12.14 hrs, Volume= 11.411 of Outflow = 10.49 cfs @ 16.90 hrs, Volume= 11.383 af, Atten= 33%, Lag= 285.9 min Primary = 10.49 cfs @ 16.90 hrs, Volume= .11.383 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 962.01' @ 16.90 hrs Surf.Area= 0.751 ac Storage= 1.495 of Plug-Flow detention time= 88.9 min calculated for 11.383 of (100% of inflow) Center-of-Mass det. time= 79.3 min (1,230.9 - 1,151.5 ) Volume Invert Avail.Storage Storage Description #1 958.00' 3.450 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 958.00. 0.080 0.000 0.000 960.00 0.330 0.410 0.410 962.00 0.750 1.080 1.490 964.00 1.210 1.960 3.450 Device Routing Invert Outlet Devices #1 Primary 963.50' 8.0' long x 8.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.43 2.54 2.70 2.69 2.68 2.68 2.66 2.64 2.64 2.64 2.65 2.65 2.66 2.66 2.68 2.70 2.74 #2 Primary 958.23' 15.0" Round Culvert L= 25.0' RCP, square edge headwall, Ke= 0.500 Inlet /Outlet Invert= 958.23' / 958.06' S= 0.0068 '/' Cc= 0.900 n= 0.013 Primary OutFlow Max=10.49 cfs @ 16.90 hrs HW=962.01' (Free Discharge) ~1=Broad-Crested Rectangular Weir(Controls 0.00 cfs) 2=Culvert (Inlet Controls 10.49 cfs @ 8.55 fps) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 70 Pond 25P: Basin east of RR, NW of S expansion Hydrograph 15.73 cfs ^ Inflow ^ Primary 16 Inflow Area=43.399 ac Peak Elev=J62.01' 14 _ __ ___ ,W Stora a=1.495 of ___ 9 12 10.49 cfs ... ~, 10 ~'j c 8_ ''1 4 -- , 2 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 .Time (hours) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 71 Summary for Pond 26P: Wetland west of RR trail, NW of S Expansion Inflow Area = 53.329 ac, 0.23% Impervious, Inflow Depth > 2.86" for 100 yr event Inflow = 18.38 cfs @ .12.30 hrs, Volume= 12.726 of Outflow = 11.18 cfs @ 17.16 hrs, Volume= 12.718 af, Atten= 39%, Lag= 291.7 min Primary = 5.59 cfs @ 17.16 hrs, Volume= 6.359 of Secondary. = 5.59 cfs @ 17.16 hrs, Volume= 6.359 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Starting Elev= 955.76' Surf.Area= 1.135 ac Storage= 0.562 of Peak Elev= 956.41' @ 17.16 hrs Surf.Area= 1.949 ac Storage= 1.551 of (0.989 of above start) Plug-Flow detention time= 166.3 min calculated for 12.154 of (96% of inflow) Center-of--Mass det. time= 71.2 min (1,266.2 - 1,195.0 ) Volume Invert Avail.Storage Storage Description #1 954.77' 6.337 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 954.77 0.000 0.000 0.000 956.00 1.410 0.867 0.867 958.00 4.060 5.470 6.337 Device Routing Invert Outlet Devices #1 Primary 955.76' 4.0' long x 20.0' breadth south weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 #2 Secondary 955.76' 4.0' long x 20.0' breadth north weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 Primary OutFlow Max=5.59 cfs @ 17.16 hrs HW=956.41' (Free Discharge) t1=south weir (Weir Controls 5.59 cfs @ 2.16 fps) Secondary OutFlow Max=5.59 cfs @ 17.16 hrs HW=956.41' (Free Discharge) 2=north weir (Weir Controls 5.59 cfs @ 2.16 fps) T:10742\14061June11 CityApp\SurFace Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HvdroCAD Software Solutions LLC Pape 72 Pond 26P: Wetland west of RR trail, NW of S Expansion Hydrograph 18.38 cfs 20 ~ Inflow Area 53.329 ac Peak': Elev=95:6:41` 18 . _ _ StoiragE=1.-551-af 16 .: - 11.18 cfs 14 ~~, - ~ -. 12 ~ s;,; 10~ ~, ~~- 3 0 _ ~- $ 5.59 cfs __ - -_,_ " - ~; 6 , ~ ,. ,_._, 4 2 ~~. 1~~ ~ ,,~~ ^ Inflow ~ ' Outflow ^ Primary ^ Secondary 0 5 101520 25 3035 4045 50 5560 6570 75 8085 9095 Time (hours) T:\0742\1406\June11 CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 73 Summary for Pond EX-25P: Existing Basin east of RR, NW of S expansion Inflow Area = 5.930 ac, 2.02% Impervious, Inflow Depth = 0.80" for 100 yr event Inflow = 4.19 cfs @ 12.11 hrs, Volume= 0.397 of Outflow = 0.96 cfs @ 12.66 hrs, Volume= 0.374 af, Atten= 77%, Lag= 33.2 min Primary = 0.96 cfs @ 12.66 hrs, Volume= 0.374 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 958.76' @ 12.66 hrs Surf.Area= 0.175 ac Storage= 0.097 of Plug-Flow detention time= 131.0 min calculated for 0.374 of (94% of inflow) Center-of-Mass det. time= 102.6 min (1,025.7 - 923.1 ) Volume Invert Avail.Storage Storage Description #1 958.00' 3.450 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 958.00 0.080 0.000 0.000 960.00 0.330 0.410 0.410 962.00 0.750 1.080 1.490 964.00 1.210 1.960 3.450 Device Routing Invert Outlet Devices #1 Primary 963.50' 8.0' long x 8.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 1.80 2.00 2.50 3.00 3.50 4.00 4.50 5.00 5.50 Coef. (English) 2.43 2.54 2.70 2.69 2.68 2.68 2.66 2.64 2.64 2.64 2.65 2.65 2.66 2.66 2.68 2.70 2.74 #2 Primary 958.23' 15.0" Round Culvert L= 25.0' RCP, square edge headwall, Ke= 0.500 Inlet /Outlet Invert= 958.23' / 958.06' S= 0.0068 '/' Cc= 0.900 n= 0.013 Primary OutFlow Max=0.96 cfs @ 12.66 hrs HW=958.76' (Free Discharge) ~1=Broad-Crested Rectangular Weir(Controls 0.00 cfs) 2=Culvert (Barrel Controls 0.96 cfs @ 2.85 fps) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC page 74 Pond EX-25P: Existing Basin east of RR, NW of S expansion Hydrograph 4.1' 4 3 ..., 0 2 0.96 1 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T:\074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 75 Summary for Pond EX-26P: Existing Wetland west of RR trail, NW of S Expansion Inflow Area = 15.860 ac, 0.76% Impervious, Inflow Depth = .1.30" for 100 yr event Inflow = 13.08 cfs @ 12.29 hrs, Volume= 1.718 of Outflow = 2.88 cfs @ 13.34 hrs, Volume= 1.718 af, Atten= 78%, Lag= 62.9 min Primary = 2.88 cfs @ 13.34 hrs, Volume= 1.718 of Secondary = 0.00 cfs @ 0.00 hrs, Volume= 0.000 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, df= 0.02 hrs Starting Elev= 955.76' Surf.Area= 1.135 ac Storage= 0.562 of Peak Elev= 956.17' @ 13.34 hrs Surf.Area= 1.641 ac Storage= 1.133 of (0.572 of above start) Plug-Flow detention time= 458.4 min calculated for 1.156 of (67% of inflow) Center-of--Mass det. time= 185.0 min (1,105.4 - 920.4 ) Volume Invert AvaiLStorage Storage Description #1 954.77' 6.337 of Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (acres) (acre-feet) (acre-feet) 954.77 0.000 0.000 0.000 956.00 1.410 0.867. 0.867 958.00 4.060 5.470 6.337 Device Routing Invert Outlet Devices #1 Primary 955.76' 4.0' long x 20.0'. breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 #2 Secondary 957.87' 4.0' long x 20.0' breadth Broad-Crested Rectangular Weir Head (feet) 0.20 0.40 0.60 0.80 1.00 1.20 1.40 1.60 Coef. (English) 2.68 2.70 2.70 2.64 2.63 2.64 2.64 2.63 -- Primary OutFlow Max=2.88 cfs @ 13.34 hrs HW=956.17' (Free Discharge) L1=Broad-Crested Rectangular Weir(Weir Controls 2.88 cfs @ 1.74 fps) Secondary OutFlow Max=0.00 cfs @ 0.00 hrs HW=955.76' (Free Discharge) 2=Broad-Crested Rectangular Weir(Controls 0.00 cfs) T:10742\1406\June11 CityApp\Surface Water/ ER Landfill 06_2011-dead storage affect Type 1124-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 76 Pond EX-26P: Existing Wetland west of RR trail, NW of S Expansion Hydrograph [] Inflow ~_! Outflow ^ Primary [] Secondary 0 5 101520 25 3035 4045 50 5560 6570 75 8085 9095 Time (hours). T:\0742114061June11 CityApplSurface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD~ 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 77 Summary for Pond P-1: P-1 [79] Warning:- Submerged Pond SW-pipe Primary device # 1 INLET by 0.65' Inflow Area = 37.469 ac, 0.00% Impervious, Inflow Depth = 3.53" for 100 yr event Inflow = 115.66 cfs @ 12.00 hrs, Volume= 11.026 of Outflow = 12.78 cfs @ 12.88 hrs, Volume= 11.014 af, Atten= 89%, Lag= 52.6 min Primary = 12.78 cfs @ 12.88 hrs, Volume= 11.014 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Starting Elev= 993.00' Surf.Area= 32,416 sf Storage= 126,087 cf Peak Elev= 996.65' @ 12.88 hrs Surf.Area= 47,486 sf Storage= 271,494 cf (145,407 cf above start) Plug-Flow detention time= 483.8 min calculated for 8.120 of (74% of inflow) Center-of-Mass det. time= 181.6 min (1,159.8 - 978.2 ) Volume Invert AvaiLStorage Storage Description #1 986.00' 454,086 cf Custom Stage Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet} (sq-ft) (cubic-feet) (cubic-feet) 986.00 0 0 0 988.00 13 , 052 13, 052 13 , 052 990.00 20,600 33,652 46,704 992.00 28,383 48,983 95,687 994.00 36,449 64,832 160,519 996.00 44, 713 81,162 241, 681 998.00 53,288 98,001 339,682 1, 000.00 61,116 114,404 454, 086 Device Routing Invert Outlet Devices #1 Primary 993.00' 18.0" Round Culvert L= 1,550.0' CPP, mitered to conform to fill, Ke= 0.700 Inlet /Outlet Invert= 993.00' / 957.00' S= 0.0232 '/' Cc= 0.900 n= 0.013 Corrugated PE, smooth interior Primary OutFlow Max=12.78 cfs @ 12.88 hrs HW=996.65' (Free Discharge) L1=Culvert (Inlet Controls 12.78 cfs @ 7.23 fps) T:10742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11.24-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Paae 78 Pond P-1: P-1 Hydrograph 115.66 cfs 'Inflow 120 Inflow Area=37.469 ac D Primary - _ _ Peak Elegy=996.6'x' 100 ,, Storage=271.,494_ cf 80 , . 18.0" - Round-Calvert c 60 n=0.013 '~ ~ ~ ~ ~ ~ L=1,550.0' 40 _ - _ _ _ ~ 5-0:0232''/' 20 1`2.78 cfs j i ' -- - 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) T;1074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n-02201 ©2010 HydroCAD Software Solutions LLC Paae 79 Summary for Pond P-2: SE pond Inflow Area = 16.288 ac, 0.00% Impervious, Inflow Depth = 3.53" for 100 yr event Inflow = 82.08 cfs @ 12.00 hrs, Volume= 4.791 of Outflow = 4.89 cfs @ 13.20 hrs, Volume= 4.764 af, Atten= 94%, Lag= 71.9 min Primary = 4.89 cfs @ 13.20 hrs, Volume= 4.764 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Starting Elev= 1,021.00' Surf.Area= 38,218 sf Storage= 119,575 cf Peak Elev= 1,023.64' @ 13.20 hrs SurF.Area= 50,286 sf Storage= 236,421 cf (116,846 cf above start). Plug-Flow detention time= 849.6 min calculated for 2.019 of (42% of inflow) Center-of-Mass det. time= 367.3 min (1,187.2 - 819.9 ) Volume Invert AvaiLStorage Storaa e Description #1 1,016.00' 501,090 cf Custom Stage. Data (Prismatic)Listed below (Recalc) Elevation Surf.Area Inc.Store Cum.Store (feet) (sq-ft) (cubic-feet) (cubic-feet) 1,016.00 0 0 0 1,018.00 . 24,905 24,905 24,905 1,020.00 33,771 58,676 83,581 1,022.00 42,664 76,435 160,016 1,024.00 51,937 94,601 254,617 1,026.00 61,532 113,469 368,086 1,028.00 71,472 133,004 501,090 Device Routing Invert Outlet Devices #1 Primary 1,021.00' 12.0" Round Culvert L= 575.0' RCP, mitered to conform to fill, Ke= 0.700 Inlet /Outlet invert= 1,021.00' / 998.00' S= 0.0400 '/' Cc= 0.900 n= 0.012 Concrete pipe, finished Primary OutFlow Max=4.89 cfs @ 13.20 hrs HW=1,023.64' (Free Discharge) 'L1=Culvert (Inlet Controls 4.89 cfs @ 6.22 fps) T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type ll 24-hr 900 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 80 Pond P-2: SE pond Hydrograph -~ 90 -_.' - --- - 1- Inflow j4rea=16.288 ac 80 _ , - -Peak - , T - - Elev=1 023.84. 70 - Sto1•age=236~42'I cf - ._ 60 12:0" ~ I ~ 50 - _ Routad_ Cu'Iv_ert 0 40 n-0.012 .. -- u. ~ ~ J L 575:0' 30 -- - - S=0;04'00 ;'/' I 1 I i ~ I 1 i ! t ____ ,. ._.. ~ _-[ -_ --T_. --T--T-__ ,_._ - ..___- -i -_~ 20 ~ - - 10 4.89 cfs I I o ,, ,~ .., „ .,~,..,.,..,' ,, ,..~ 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) J] Inflow ^ Primary T:\074211406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 11 24-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, .Inc. Printed .8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HydroCAD Software Solutions LLC Page 81 Summary for Pond SE-pipe: SE culvert [57] Hint: Peaked at 1,064.44' (Flood elevation advised) [63] Warning: Exceeded Reach DS2-L INLET depth by 3.94' @ 12.00 hrs Inflow Area = 16.288 ac, 0.00% Impervious, Inflow Depth = 3.53" for. 100 yr event Inflow = 82.08 cfs @ 12.00 hrs, Volume= 4.791 of Outflow = 82.08 cfs @ 12.00 hrs, Volume= 4.791 af, Atten= 0%, Lag= 0.0 min Primary = 82.08 cfs @ 12.00 hrs, Volume= 4.791 of Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 1,064.44' @ 12.00 hrs Device Routing Invert Outlet Devices #1 Primary 1,034.00' 24.0" Round Culvert L= 100.0' Ke= 0.500 Inlet /Outlet Invert= 1,034.00' / 1,024.00' S= 0.1000'/' Cc= 0.900 n= 0.011 Concrete pipe, straight & clean Primary OutFlow Max=81.91 cfs @ 12.00 hrs HW=1,064.32' (Free Discharge) L1=Culvert (Inlet Controls 81.91 cfs @ 26.07 fps) Pond SE-pipe: SE culvert Hydrograph I I I I I I I I 0 2.08 cfs I I I I I I I I I I I ~ I I ! --~--' _ _~. -~--+- -'-- ~ -~- +--'~--+-- ~ ~ I ;Inflow Area 116.288 ac , 80 , ;_ _ I I I ~ I I I I -, _ _ _ _ _ _ ,~ _ rPeak El~ev=1;064..4,4,- I I 70 - ~ -- ` ~ I I ~__ ~-- I '~ --=--- - -- -------- ---- -24:0". ~ - ~ 60 a ~ - ~ ~ ~ I I ~ I I _-- - I --~--~-- - - ~ r~ - Rou d Cu v~rt H w ~, I I I ~ 50 ~ ~~ -- . -- ~~ I ~ n ~ ~ _ _ =0.011 ~ '- - 0 ,> I - I I ~ 1 'I 0 0, I ~ ~ I ~ I I I I 40 I I_ __ V I I I __. -- --- ---- --- -- - ~ ~ Y i I I ~ ': ~ S 0:10;00'/' 30 _ I, - I _~ - _ --- --~- -- - _, - . - - ~ - - -~- ~ -a- I I I~ I 20 -- I I -- --' -' - -' - - --'- - --'- '- - - - I ~ ~ ~ , I ~ ~ ~ ~ I 10 I I I I I ~ I I I I 0 ..,, t ~ ,,,.~ ,,..,, . . ,, ,, ,,, 0 5 1015 20 25 30 35 40.45 50 55 60 65 70 75 80 85 90 95 Time (hours) Inflow Primary T:\0742\1406\June11 CityApp\Surface Water\ ER Landfill 06_2011-dead storage affect Type 1124-hr 100 yr Rainfall=5.90" Prepared by Wenck Associates, Inc. Printed 8/15/2011 HydroCAD® 9.10 s/n 02201 ©2010 HvdroCAD Software Solutions LLC Page 82 Summary for Pond SW-pipe: SW culvert [57] Hint: Peaked at 1,067.78' (Flood elevation advised) [63] Warning: Exceeded Reach DS1-L INLET depth by 7.14' @ 12.00 hrs Inflow Area = 21.181 ac, 0.00% Impervious, Inflow Depth = 3.55" for 100 yr event Inflow = 112.29 cfs @ 12.00 hrs, Volume= 6.262 of Outflow = 112.29 cfs @ 12.00 hrs., Volume= 6.262 af, Atten= 0%, Lag= 0.0 min Primary = 112.29 cfs @ 12.00 hrs, Volume= 6.262 of _ Routing by Stor-Ind method, Time Span= 0.00-96.00 hrs, dt= 0.02 hrs Peak Elev= 1,067.78' @ 12.00 hrs Device Routing Invert Outlet Devices #1 Primary 996.00' 24.0" Round Culvert L= 90.0' RCP, mitered to conform to fill, Ke= 0.700 Inlet /Outlet Invert= 996.00' / 994.00' S=.0.0222 '/' Cc= 0.900 n= 0.011 Concrete pipe, straight & clean Primary OutFlow Max=112.23 cfs @ 12.00 hrs HW=1,067.70' (Free Discharge) L1=Culvert (Inlet Controls 112.23 cfs @35.72 fps) ^ Lnflow ^ Primary 0 5 1015 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 Time (hours) N 245000 n c.ow v ~ •• ~ '_-~'^ 1 ~ C~ ~ I C ~+ir ~ + 1 _ ~ ~ m L `~ w.. m 1'D ~ a Omoo t. .... - 1 AN 1A . .. ~ _ $ Z p 0 900 m 0 -10 ~-'-~ 1 ~ <- V O~ 2 lnx ti ~ N a C ' ' r a n =21 19 C r n •1 l I ~O~ == _~ E ~~ ~ !mom p ri~i ~m -~ - ~ >•i ~' b~ OO ~ mi y 6 ZVy Rvr O b ~> 4 H stn z x ~ +~ om ;~ - °r~n n-i mg oa $ ..,, , n "a~ al a ~ m a~ ~ b s ~ ~ B a p Np rN ~a ~ } 4>F~ K d my a i o g m mt~ A ~_ Al ;' t Attachment 3 Alternative Access Road and West .Side vegetation .Sequencing A mmz-wv r ?~mm mcniv...z~ <w.nZn3 By SD V ~ ~ ~ D m .-. N V n Z1 Z N V ~ ~ ~ ~ . ~,, W 1 1 I I I I I I ~~ gP,nja C~~ I ~Q V; < _~y~y Z OZ a ('7<a ~ <ti -~ v m ~N - °mA ~ _AOCZi oZ rNv n v °j° s No c p mm ~ rYA ti ; m m >g Z °o ~ n W W 'XN O ;~ b y A '~ = A ~ ~N Z t'1 N A y Nv Z nD ~ yti m4 in? 3 t 4 } i f { E E i ~.' .... { t } ~~ E """~ - ^' k 1' t€ ;5 f i M A p O9 ~ I ~m J O nz m 1 m N N~ 90 = 3. D~ sa 13 ~ ~~,'ll ti ' , ~ ' ~ A ~ ~F f . 1 ~,. r d ~4r3.& F L i i ;' j ~. /I/1 ri , t i ~~ `^ ~~l/ I (,t'rt r,~ O ~ ' ~ ' O ~' 0 ~ c ~ ~ • ~~ O ~ ~ ~ I ~ ~ ~ ~ ~ ' ar+< Nm 2 m C alA AA A C_ p m _X A x y y r~1 Vl w y p~ a yy O< ~ ? ~ N 1m'1 ~a ~ GI A ~ NC ~ p Z' ti A y m C1 Ny _~ A ~ C r < C f N n n Ni A m Z m ~ m mZ ~ ~ g < ~ p O ~ Z 0 ~ A ~ m m n m ~ p j ~ ~ C A A O y m x r i A - ~ Z ~ r' {7 /~ i /f f" i ;; }` ;_ ~~~~~I~~~i~~~l~~~~~~.y~~~l"~~ ~~~F~~ry~~~~~~ Landmark En«ronmental LLC August 22, 2011 Ms. Rebecca Haug Environmental Administrator City of Elk River 13065 Orono Parki~~ay Elk River. MN X5330 RE: Elk River Landfill Land Use Application, June 27, 2011 Dear Ms. Haug: This letter is sent to follow-up the July 20, 2011 meetulg/site visit and the August 4, 2011 meetuig with Elk River Landfill (ERL) concerning the Ells River Landfill Land Use Application, June 27, 2011 (Application). Landmark's comments regarding the engineeruig and enviromnental concerns associated with the proposed landfill expansion were discussed at length during these meetings. ERL Letters, dated August 2, 2011 and August 18, 2011 provided responses and supplemental information to Landmark's comments. The following presents surnrnary of discussion on various technical aspects of the Application. Site Screening ERL provided additional information concerning the proposed Site Screening Plan. It is recommended that ERL provide a Plan which illustrates the details which have been discussed in a level of detail provided with ERL's March 2009 Land Use Application for the expansion area. Proposed Landfill Desi>;n The Application materials were supplemented with additional details concerning the stormwater management system. Engineering and construction details related to the leachate management system, a detailed storm water management plan, design details for the Landfill gas system will be submitted with the construction plans for cell development. Earthwork and Grading The engineering plans show the grading within the buffer areas surrounding the waste deposit. Gradu1g within the buffer area is allowed, however the extent of grading should be minimized in the east and west buffer areas to preserve the existing vegetation which serves to screen the landfill froth adjacent land uses. ERL presented an alternative to the proposed mining access road shown within the west buffer area. The alternative combines two roads and eliminates 2:1 slopes. Landmark concurs that 3:1 slopes are more sustainable in the long-term. The alternative road alignment will result in the loss of existing vegetation west of existing Cell 17. ERL must develop the Site screening plan to include all areas where slopes are being modified. Appropriate erosion control protection must be provided for all buffer area slopes. Final Contours and Drainage ERL provided additional calculations for the management of surface water drainage. The design basin for stormwater ponding was discussed and Landmark accepts the design of ponds, P 1 and P2. ERL also provided drainage calculations for the 100-year storm event. 2042 W. 98`" Street Bloomington, Minnesota 55431 Phone: (952) 887-9601 Fax: (952) 887-9605 www.landmaricenv.com 1.4s Rebecca Haug August 22, 2011 Pale 2 of 2 ERL agreed to amend the stone ~~~ater plans to include provisions for erosion control in perimeter surface water channels. Rip rap and/or erosion control matting will be added based on potential flow velocities for design storm events. Details ~~~ill be provided in future construction plans. ERL modified the surface water drainage plan for final cover topslopes. The drainage do~vnslope structures will be extended up the slope and additional routing berms placed to provide conveyance for surface water drainage collected on top slopes. Leachate Recirculation ERL provided additional information for implementing "temporary final cover'', as proposed ill the September 2008 "Leachate Recirculation Permit Application" proposal ERL confirned that the leachate cleanout risers will be perforated along a portion of the sideslope and that active extraction «~ill occur from cleanout risers. Other provisions for maximizing landfill gas extraction controlling fugitive emissions at the south, liner transition Bern {temporary) for the next cell were discussed and agreed upon. ERL indicated that engineering plans for.constn•uction will provide additional details as requested by Landmark. Elk River Landfill Licerise and CUP Review The current ERL license and CUP were reviewed in light of the operations that are being conducted at the site. The following comments and suggested additions to these documents are based on site visits and review of recent annual reports for ERL. Recommended conditions could be inserted in Section 4.) "Specific Additional Operational Requirements" of the current license agreement. Leachate Seeps ERL agreed to provide additional documentation. Gas Probe Monitories; and AnaIysis ERL and Landmark agreed on a limited amoullt.of additional documentation. Gas probe monitoring data will be fully evaluated in the alumal operating report. Groundwater Impacts ERL agreed to continuing investigation of the groundwater contamination west of the existing waste deposit and the replacement of monitoring well P310C. Annual Operating; Report Future Aluiual Operating Repol-ts will address the concerns raised by Landmark related to engineering plans, leachate collection system maintenance and rejected load documentation. Ambient Air Monitories; ERL agreed to expand the scope of the ambient air monitoring plan to include landfill sideslopes. Landmark recommends that ERL submit an ambient air monitoring plan for staff review and approval. Please contact me at 952 887-9601, ext. 207, if you have any questions or comments regarding this review. YrOJ eet ~ilgllleer F:\PROJECTS\CEK-C~ty of Elk Kiver\zuvy-u ~.u 1 ~~orru~eu ers ~u i i uu i uaa~nnug.uuc CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF AMENDED CONDITIONAL USE PERn7IT THIS AGREEMENT, approved on the 19th day of September, 2011 and effective as provided herein, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation, (the "City"), and ELK RIVER LANDFILL, INC., a Minnesota corporation ("the Permittee"), which is a wholly owned subsidiary of Waste Management, Inc. a Delaware corporation, provides as follows: WHEREAS, Permittee owns the real property described on Exhibit A attached hereto (the "Landfill Property"), situated in the City of Elk River; and WHEREAS, Permittee currently operates a landfill (the "landfill") on a portion of the Landfill Property pursuant to an amended conditional use permit dated February 16, 2010 (the Existing CUP); and WHEREAS, Permittee applied on June 27, 2011 for an amendment of the Existing CUP to allow fora 31.8 acre expansion of the Landfill; and WHEREAS, the. City of Elk River Planning Commission and City Council have held hearings on the request to amend the Existing CUP, at which hearings all citizens of the City of Elk River and other interested parties have had the opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, that Elk River Landfill, Inc., is hereby granted an amended conditional use permit (the "Permit") for landfill and related operations on the Landfill Property described on Exhibit A attached hereto, subject to the terms, conditions and qualifications hereinafter stated, to wit: l.) Scope and Conduct of Landfill Operations. The operation of a solid waste sanitary landfill maybe conducted on the Landfill Property in conformance with existing statutory and regulatory authority and requirements of the City, Sherburne County and the Minnesota Pollution Control Agency, and in accordance with the authorization, conditions and limitations contained in this Permit and in: (O1} the current City of Elk River Solid Waste Facility License (the City License) issued to Pernittee; and (02) the current MPCA Solid Waste Pernit No. 74 (the State License) issued to Pernlittee; and (03) the current Sherburne County Solid Waste Landfill License (the County License) issued to Pernittee. 2.) Additional Expansion of Landfill Prohibited. T1us Pernit authorizes the expansion of Landfill activities onto 31.8 acres to allow an additiona127.2 acres of Solid Waste fill area. By accepting and executing this Permit, Pernittee agrees to comply with the design of the expansion approved herein, and agrees to forever waive its right to pursue any further landfill expansion within the City. 3.) Conditions Agreed To. This Permit imposes those conditions City has determined are reasonably necessary to fully mitigate the adverse effects on the City of Pernittee's Landfill and its expansion. By accepting and executing this Permit, Pernittee agrees that the conditions imposed herein are necessary to fully mitigate the adverse impacts of the Landfill and its expansion, and agrees to comply with each of the conditions set forth herein. 4.) Expansion Fee. Pernittee shall pay the City an expansion fee (Expansion Fee) of $3.33 per ton of MSW disposed of at the Landfill form January 1, 2011 through June 30, 2015 and $5.00 per ton of MSW disposed of at the Landfill from July 1, 2015 through December 31, 2030. The parties 2003 Host Community Agreement is rescinded. The Expansion Fee shall be paid directly to the City on a monthly basis and shall be accompanied by an accurate report on the amount and type of solid waste disposed of in the Landfill each day during the month. The Expansion Fee due for each month shall be received by the City no later than the thirtieth (30th) calendar day of the succeeding month. The parties agree that the Expansion Fee shall be the only fee charged by the City for solid waste disposal at the Landfill. However, the Landfill shall remain responsible for all other applicable and customary fees, including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, platting and subdivision fees, including park dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable fees. CU 11-12 RH Page 2 Any increase or decrease in the amount of the Expansion Fee must be in writing and must be executed by ERL and the City. ERL's Expansion Fee revenues may be used by the City for any lawful public purpose, including general fund purposes. The parties agree that the City has statutory authority to impose abatement fees on the Landfill and has done so in the past. However, that authority maybe subject to legal challenge and is subject to legislative scrutiny and alteration. Therefore, the City agrees, for so long as ERL makes timely payment of the Expansion Fee, to waive its rights to impose such fees and to accept, in lieu thereof the Expansion Fee described in this Agreement. If the City shall be required by law to collect from ERL an abatement fee or similar landfill fee in addition to the Expansion Fee, the Expansion Fee due and owing to the City shall be reduced by an amount equal to the amount of such required abatement fee collected by the City. The Expansion Fee is in lieu of the statutory landfill abatement fee for the disposal of solid waste only. All other fees applicable to the Landfill (including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, planning and subdivision fees, including park dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable fees shall remain in effect and applicable to the Landfill 5.) MPCA Permit. Permittee's current MPCA permit, SW-74, authorizes a 109-acre expansion of the Landfill. This Permit will become invalid if Permittee has failed to obtain a MPCA permit amendment consistent with the scope of the expansion approved in this Permit by September 19, 2012. 6.) Scope and Conduct of Related Operations. (O1) Reeling Center. The operation of a recycling center on the Landfill Property maybe conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the recycling center shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws and regulations. (b) The recycling center shall be located and operated as shown on plans submitted by Permittee and approved by City staff. The recycling center may accept additional materials, including household hazardous wastes, provided that Licensee's plan for handling additional materials and any changes to the recycling center shall first be approved in writing by the City. (c) The recycling center shall be operated by Permittee. Operation of the recycling center by a different operator shall require the prior written approval of City staff. CU i1-12 RH Page 3 Any different operator of the recycling center must comply with all of the teens and conditions of this Permit. (d) Pernittee shall place appropriate signage on the Landfill property to direct citizens to the location of the recycling center. (e) Used oil recycling areas shall be «~ithin an enclosed building with an impermeable floor and contaimment area, as approved by staff. (f) Battery storage shall be within an enclosed building with an impermeable floor and containment area suitable for battery acid, as approved by staff. (g) Battery, paper and oil storage areas shall be separated to reduce fire potential, as approved by the City Fire Chief. (h) Pernittee shall have a regular schedule for appliance pick-up, to be approved by City staff. (02) Yard Waste Coinpostin~. The operation of a yard waste composting facility on the Landfill Property within the City limits inay be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: (a) The operation of the yard waste composting facility shall comply in all respects with all applicable requirements of the City Code of Ordinances and all applicable federal, state, and county laws, and regulations. (b) The yard waste composting facility shall be located and operated as shown on plans submitted by Permittee and approved by City staff. (c) All plastics shall be removed from yard waste brought to the facility before composting. (d) All municipal solid waste must be immediately removed from yard waste and landfilled. (e) The yard waste composting facility must be operated in such a manner as to keep odors to a minimum. If odor becomes a problem staff may require more frequent turning of compost piles and/or watering to ensure that the compost remains aerobic and breaks down as quickly as possible. (f) The maximum amount of yard waste which may be accepted is 100,000 cubic yards per year. (g) Positive drainage away from the compost area must be implemented, as approved by City staff. CCJ 11-12 RH Page 4 (h) Yard waste and /or compost may not be used as daily cover for the landfill. (i) That Pennittee is in strict compliance with all other terms, conditions and requirements of this Conditional Use Permit, including~specifically, but not limited to, the operational and enviromnental monitoring requirements of this Permit and the requirements to make prompt payment of all fees and costs due to the City. I~To yard waste maybe accepted at the yard waste composting facility if this condition is not complied with. Pennittee must inunediately stop accepting yard waste upon written notice from the City that there is a violation of this condition. (03) Methane Gas Plant. This Permit authorizes a second methane gas plant on the Landfill Property. Development of such a second plant shall be subject to approval by the City Council through amendment of the City License for the Landfill. Pennittee agrees to negotiate in good faith with the City and the Elk River Municipal Utilities regarding the development, ownership and operation of a second methane gas plant. This Permit does not obligate the City to approve a second methane gas plant if City determines it is not in the best public interest to do so or if acceptable terms for its development, ownership and operation camiot be agreed on with Permittee. (04) Household Hazardous Waste (HHW) Drop-off Facility This Pernit authorizes a HHW drop-off facility on the Landfill Property. Development of such a facility shall be subject to approval by the City Council through ainendinent of the City License for the Landfill. Pennittee agrees to negotiate in good faith with the City and Sherburne County regarding the development, ownership and operation of such a facility. This Pernit does not obligate the City to approve such a facility if City determines it is not in the best public interest to do so. (OS) Other Related Operations. No other operations or activities, whether or not related to~ Landfill, shall be permitted or allowed on the Landfill Property unless this Permit is first amended to specifically allow such operations and to specify the applicable conditions, except mining activities or other operations licensed or permitted separately by City. 7.) Buffering and Screening. The Landfill, and all infrastructure and activities related to the Landfill Operations, including a 200 foot buffer, shall be located within the property described on Exhibit A attached hereto, except on the north side of the Landfill. Visual screening of the Landfill (except for the berm along 221St Avenue) shall occur within the 200 foot buffer, which must be fully vegetated with a variety of types of trees as approved by City Staff. Permittee shall submit for City Staff approval a screening plan for each cell, beginning with Cell 17, prior to the start of construction on the next cell. Construction of the subsequent cell shall not begin until the screening plan for the prior cell is approved. In addition, a screened berm along 221st Avenue shall be approved by City Staff and installed prior to the removal of any trees within 1,000 feet of this berm. 8.) Maximum Elevation. The entire Landfill shall have a final elevation of no more than 1120 feet above MSL, including final cover. CL7 11-12 RH Page 5 9.) Closure. Pernittee shall permanently stop accepting waste for disposal and close the Landfill to the Public no later than December 31, 2030. INTO waste shall be disposed of at the Landfill after that date, or when the capacity permitted by this Permit is reached, whichever occurs first. Closure construction, including the completion of final cover, shall be completed by December 31, 2031. Within six (6) months of a written demand by the City, and in no event later than the date projected for cessation of waste disposal, the Pennittee shall submit to the City for approval an updated Closure and Post-closure Plan for the Landfill Site. Pernlittee shall maintain in full force and effect all financial assurance required to be maintained by City, county, state and federal law in order to assure completion, closure and post-closure care and maintenance of the Landfill as required by law. 10.) End Use Plan. Prior to closure of the Landfill, City and Pennittee will determine an appropriate end use for the Landfill and decide whether an end use plan will be required to implement this use. In the interim, Pennittee will establish and maintain sustained vegetative growth and adequate vegetation cover upon the closure of each phase of the Landfill. 11.) Restrictive Covenant. A restrictive covenant shall be placed on those portions of the property ERL is acquiring for this expansion, except for those areas that would become available under the approvals referenced in this Permit for the disposal of waste; the restricted area would include, among other areas, the buffer areas and any sedimentation ponds. The covenant will be meant to prevent the future use of the subject areas for the disposal of waste under any circumstances. 12.) Public Access to Western Trail. ERL agrees to allow public access on the trail through the old railroad path on its property immediately north of the City's limits (in Livonia Township), as needed to connect the trail west of its property in the City to a future path north of the City. 13.) Operational Requirements. Operation of the Landfill shall be governed by the Permittee's Solid Waste Facility License (City License) for the Landfill, as approved on September 19, 201 1, and as subsequently amended or modified. The requirements of the City License (including any amendment or modifications thereto) are hereby incorporated into this Permit as necessary conditions and failure to comply with the conditions and requirements of the City License shall be cause for revocation of this Permit. 14.) Insurance and Bonding. Permittee shall provide such insurance, including workers compensation insurance, and bonding as required in the City License. 15.) Applicability of Conditional Use Permit. This Permit shall apply to the property described on Exhibit A attached hereto. This Conditional Use Permit shall run with the real property and apply to the Pennittee, its successors, and assigns. 16.) Permit Period. (O1) This Permit shall not become effective until: CCT 11-12 RH Page 6 (a) Pennittee has provided City with written documentation of Permittee's ownership of all of the real property described on Exhibit A, attached hereto; (b) Pennittee has executed this Agreement for Issuance of Amended Conditional Use Permit; and (c) Pennittee has executed a stipulation for dismissal of the case filed in Sherburne County District Court, now known as ERL I; the Appellants have withdrawn their appeals to the Minnesota Court of Appeals in the matters known at ERL I, II and IV; acid all parties to the ERL I, II, III and IV litigation have executed mutual releases of all claims arising from that litigation. (02) Once effective, this Permit shall be in force and effect for so long as the conditions set forth herein are complied with, unless and until suspended or revoked as provided herein. (03) Until this permit becomes effective, the Existing CUP for the Landfill shall remain in effect and no Landfill activities shall be permitted on any land not covered by the Existing CUP. The Existing CUP shall automatically terminate on the date that this Permit becomes effective. 17.) Violation of Conditions. If the Permittee or its successors or assigns violates any term or condition imposed by this Permit, or any solid waste facilities license issued for operation of the Landfill, this Permit may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, permit or license condition imposed by lawful governmental authority and governing operations on the Landfill Property is grounds for suspension, revocation or termination of this Conditional Use Permit. The change, alteration, or amendment of any such statute, regulation, ordinance, permit or license condition by any governmental authority other than the City shall not excuse the Permittee from compliance with statutes, regulations, ordinances, permit or license conditions in effect on the date of the original issuance of this Permit, unless compliance is waived or excused by the City Council. The City shall not unreasonably refuse to waive or excuse compliance with existing permit or license conditions. 18.) Documents, Reports, and Maps. Copies of all documents, reports, and maps which are supplied to the MPCA or to Sherburne County shall also be supplied to the City, at the same time. 19.) Charges and Fees. Permittee agrees to pay to the City the City's reasonable costs for administering, enforcing, modifying and amending this Permit, as follows: (O1) Permittee shall pay one hundred percent (100%) of the City's costs for processing renewals, amendments or proposed amendments to this Permit; and (02) Permittee shall pay one hundred percent (100%) of the City's costs for administering and enforcing the terms of this Permit, including costs for reviewing Permittee's compliance with the terms and conditions of this Permit, costs for bringing Permittee into compliance with the terms and conditions of this Permit (including legal costs); and City costs incurred for review of Permittee initiated requests such as "co-disposal" approvals, etc. C[J ~~-12 xx Page 7 20.) On-Site Inspection. The City may inspect the Landfill Site for the purposes of examining and copying nonconfidential records; conducting inspections, surveys, investigations, monitoring, or sampling; and otherwise obtaining necessary information pertaining to the construction, operation, and enviromnental effect of the disposal facility, control equipment, and control materials. Inspections shall be conducted during normal business hours except in the event of an emergency. City personnel or agents performing the inspection will notify personnel at the landfill office at the time of inspection. Pennittee shall promptly notify the City of the name of an authorized person to be notified and provide access to the Landfill in case of emergency. The City shall be notified by Pennittee inrunediately upon the occurrence of any explosion, fire, or other emergency at the Landfill; upon the discovery, .release or spill of the hazardous or dangerous materials, as defined in the City of Elk River Solid Waste Ordinance, at the Landfill; and of any violations of the conditions of this Permit. The specific requirements for how, when and who to notify at the City shall be set forth in a separate letter from City staff to Pennittee. This letter may be revised or supplemented by City staff from time to time as necessary to address the City's needs for notification. 21.) Indemnity. Permittee shall indemnify, defend, and hold the City harmless from all claims, dennands, and/or actions, legal and/or equitable arising fronn the operation of the Landfill. 22.) Ri _ it to Require Performance. The failure of the City, at any time, to require performance by Permittee of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any of the provisions hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 23.) Severability. If any provision of this Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall rennain in full force and effect. 24.) Amendment. This Permit shall not be considered nnodified, altered, changed, or amended in any respect unless approved by the City Council as required by City Ordinance. 25.) Conflicts. In any cases in which Pennittee believes there is an irreconcilable conflict between the requirements of this Permit and laws, rules, regulations, or order of any other governmental authority, Pennittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Permit. Until such time as the City acts upon a request for an amendment to this Permit, which it inay grant or deny in its sole discretion, the terms of this Permit shall govern all operations at the Landfill Site and shall prevail over the provisions of any document submitted by the Permit Holder and any requirements of state for federal law. The City shall not unreasonably refuse to amend this Permit or waive compliance with this Permit in order to prevent violation of the law. 26.) Modification, Suspension, or Revocation of Permit. The violation of any of the terms of this Permit is ground for suspension or revocation hereof. Furthermore, the City specifically reserves the right, and Pennittee agrees, that this Permit maybe amended, suspended, or revoked by the City as reasonably required to protect the public health, safety, welfare, and the environment. Specifically, but without limiting the foregoing, the City may amend, suspend, or C[7 ~~-n2 xx Page 8 revoke this Permit, whenever any reliable information is secured from a recognized source which demonstrates that the continued operation of the Landfill places the public health, safety, welfare, or the enviroiunent in jeopardy. Such information includes, but is not limited to the following: (O1) A determination that the leachate generated at the Landfill is migrating to surface or ground waters in a way that threatens the public health, safety, or general welfare (other than as indicated in the permit application). (02) A determination that recommended health advisory levels or intei-~~ention levels for drinking «later (whether promulgated as of the date of this Permit or at a later date, by the Uiuted States Enviromnental Protection Agency, the Minnesota Department of Health, the Minnesota Pollution Control Agency, or any other governmental agency promulgating standards for toxic wastes, hazardous wastes, pollutants, or contaminants in ground waters or surface waters) are being violated as a result of Landfill operations (other than as indicated in the permit application). (03) A determination that the emission of landfill gas on or adjacent to the Landfill Property is creating or threatens to create a health or safety hazard to the community. Without limiting the forgoing, the City reserves the right to amend this Permit to impose upon Pennittee the obligation to comply with any state or federal law or regulation relating to the operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation or amendment of this Permit maybe ordered only after a public hearing on such suspension, revocation or ainendinent, preceded by thirty (30) days' written notice to Permittee. Notice of hearing shall include a statement of the proposed action by the City and the reasons therefore. THE CITY OF ELK RIVER: ATTEST: By: John A. Dietz Its: Mayor By: Tina Allard Its: City Clerk ELK RIVER LANDFILL, INC. By: Debra Walters Its: District Manager CCT 11-12 RH Page 9 STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2011, by Jo1m A. Dietz, the Mayor of the City of Elk River, on behalf of the City of Elk River. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2011, by Tina Allard, the City Clerk of the Cityof Elk River, on behalf of the City of Elk River. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of 2011, by Debra Walters, the District Manager of Elk River Landfill, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public IS INSTRUMENT WAS DRAFTED BY: Gray, Plant, Mooty, Mooty & Bennett 500 IDS Center 80 South 8~' Street Minneapolis, Minnesota 55402 CU 11-12 RH Page 10 EXHIBIT A' That part of the NW 1/ of Section 3, Township 33, Range 261ying west of U.S. Highway 169; and That part of the SW 1/ of Section 3, Township 33, Range 261ying west of U.S. Highway 169 and north of a line 525 feet south of and parallel to the north line of said SW 1/; and That part of the NE '/ of Section 4, Township 33, Range 261ying east of the Great Northern Railway; and That part of the SE '/ of Section 4, To«mship 33, Range 261ying east of the Great Northern Railway and north of a line X25 feet south of and parallel to the north line of said SE '/, Sherburne County, Minnesota; a11d That part of the Southwest Quarter of Section 3, Township 33, Range 26, Sherburne County, MN lying south of the South line of the North 525.00 ft. thereof, and lying west of U.S. Highway No. 169; and that part of the Northeast Quarter of the Southeast Quarter of Section 4, Township 33, Range 26, said county, lying south of the South line of the North 525.00 ft. thereof, and lying east of the former Great Northern Railroad, all lying north of the following described line: Beginning at the intersection of said South line of the North 525.00 ft. with the West right of way line of U.S. Highway No. 169; thence South 07 degrees 30 minutes 44 seconds East, assuming said South line of the North 525.00 ft. of said Southwest Quarter bears South 89 degrees 47 minutes 13 seconds East, a distance of 633.89 ft.; thence North 90 degrees 00 minutes 00 seconds West, a distance of 2394.80 ft. to intersect the easterly right of way line of said former Great Northern Railroad. EXCEPT that part lying southeasterly of a 285.00 foot radius curve, concave to the northwest, and tangent to said West right of way line of said U.S. Highway No. 169 and the above described line; AND EXCEPT that part lying southwesterly of a 280.00 foot radius curve, concave to the northeast, and tangent to said easterly right of way line of said former Great Northern Railroad and the above described line. GP:3036500 v2 CCT i 1-12 RH Page 11 BRIGGS VIA EMAIL 2200 ID5 Center so south scn street Minneapolis MN 5 5402-2 1 5 7 te167 2.977.8400 fax 672.977.8650 MEMORANDUM TO: The Honorable Steven Z. Lange CC: Bill Jeffry John Baker Samuel J. Clark FROM: Jack Y. Perry Jason R. Asmus DATE: May 17, 2011 CONFIDENTIAL RULE 408 SETTLEMENT DISCUSSIONS RE; The parties' proposed resolution of three of the "non-primary" issues "I. End use plan" 1. It is premature and imprudent at this time for either City or ERL to commit to any "end use plan," which is generally defined as any postclosure development of the landfill property beyond the landfill's standard closure and postclosure care requirements. 2. Neither City nor ERL wants to commit today to either (a) the development of a particular end use plan or {b) the payment of such a plan. 3. Neither Ciry nor ERL wants to be forced in the future to either (a) develop or (b) pay for an end use plan. 4. The end use plan, if any, will be subsequently addressed and determined by mutual agreement of the parties with the above understandings in mind. 5. In the interim, as indicated in E1tL's state permit (including its closure and postclosure plans) approved by the MPCA in 2010, ERL will establish and maintain sustained vegetative growth and adequate vegetative cover upon the closure of each phase or cell of the landfill. E IBIT Briggs and Morgan, Professional A~ociat3on Minneapolis I St Paul I www.briggscom Member - lxx Mundi, a Global Association of Independent Law Rrms BRIGGS ANO MORGAN "II. Methane gas plant" 1. Through their respective separate entities/representatives who would be responsible for the development, ownership and operation of the landfill's second methane gas plant, City and ERL desire to contract for the development, ownership and operation of the landfill's second methane gas plant as required by the landfill expansion. 2. With regard to a contract between the parties for the development, ownership and operation of the landfill's second methane gas plant, City wants to renegotiate several of the terms from the parties' existing contract regarding the development, ownership and operation of the landfill's first methane gas plant, including without limitation the opportunity for City to "develop, own and operate the second landfill gas plant" and, in the alternative, the allocation and containment of "maintenance costs for the facility." 3. Though resistant to any arrangement in which it loses control over the operation of the landfill's second methane gas plant, ERL is open to renegotiating these and all other terms regarding the development, ownership and operation of the landfill's secand methane gas plant. 4. It is premature to try to renegotiate these terms until there is an agreement on the landfill expansion itself. 5. Neither City nor ERL are aware of any material changes today which would preclude an amicable negotiation of a new contract for the landfill's second methane gas plant. 2 BRIGGS AND M O R G A N "III. Household Hazardous Waste ('HHW') Dropoff Facility" 1. City wants a HHW dropoff facility; ERL does not, and it only offered to develop, own and operate such a facility as an unsuccessful attempt to get City's voluntary approval of the fu1168.$-acre landfill expansion without litigation. 2. Although a HHW dropoff facility should help keep HHW out of the Landfill, there are significant costs and liability exposure concerns with the development, ownership and operation of a HHW dropoff facility. 3. Though ERL has offered to give City access to and a location at the landfill for City to develop, own and operate a HHW dropoff facility, City does not want to develop, own and/or operate the HHW dropoff facility on it own. 4. To the extent that City wants ERL to develop, own and operate a HHW dropoff facility, City and ERL will need to negotiate, as with the landfill's second methane gas plant, the terms of such development, ownership and operation. 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L... 1-- ~ 03SOdOda- :--aa: ~-°:- :. _:-- o . . oz; ~ r w r,L . • pw o ~+. ~~ z _... - ! i- ~---- ~ f i 03SDd021d"--:": og----:- - -• w ~ 3Nf 7i A1213d021d ~ ~'wd 1. °~' r o ° '"'~ 1 oo° O Z z v ~ z , .......---~---~---~--- ~--- ~...;...i-4 a-v a -spy-...y a : i o m ~ to o i i i i i i i ~ W ac.~a : ~ o i. -- ~-- :.--~... i...:.. ~ ~ i -• . o ~ ~ ~D ,; ~ ~ U d ., . ~ , LL~ . . .._ . _ 0 ~ ~ ~ ~° hr , . . ~ a 1 . ~ ~ ~ -. = / ~Z u1 N C U - - - . ~~ awf n -~ ~ ¢ - -- ~~N~ N ~ : : ~ 'Nd ;nr - '.. ---- --- /. -- - - O O F J w x ~ - - w ~_ ~.»-~~1_ _ o N '15 iLZZ ~: 'I a x 0000000ooooofloooooo ~ ^ O 6~ W F 10 t!1 Q M N O T W N ~D 1[1 ~ o 0 0 0_ o o o o 0 o m m m m m .- o _ _ 1333 NI NOI1tlA373 ~ a rc Y N a 0 > _ IXIifBIT AGREEMENT This is a binding agreement (Agreement) made and entered into by and between City of Elk River (City) and Elk River Landfill, Inc. (ERL). RECITALS WHEREAS, on or about May 25, 2011, the parties mediated their disputes over ERL I-IY; and WHEREAS, the parties desire to both (a) avoid the time and expense of continued litigation and (b) memorialize their agreement and understandings relating thereto. NOW, THEREFORE, for other good and valuable consideration, the parties hereby agree as follows: TERMS 1. "Non-Primary Issues" The parties shall address prospectively their disputes with regard to the "end use plan," "methane gas plant" and "household hazardous waste (HHW) drop-off facility" consistent with the attached May 17, 2011 memorandum of understanding to the Honorable Steven Z. Lange. Attach. A. 2. "Primary Issue No. 1 " ERL and Tiller will submit revisions of their previously-submitted application materials as needed to reflect ERL's proposed 27.2-acre design. The City Planning Commission, and then the City Council, shall consider and act on ERL's application to reguide to "Landfill" and rezone to "Solid Waste Facility" overlay district no more than 31.8 acres to allow the landfill to expand and all other necessary approvals (e.g., mining CUP and license and landfill CUP and license) within 60 days of receipt of a complete application, unless an extension of that time is requested by ERL or agreed upon. As part of these CUP and license approvals, the City shall impose such conditions as are reasonably necessary for it to fully mitigate the adverse effects on the City of ERL's landfill and its expansion. By way of example but not limitation, three such conditions of the City's landfill CUP and license approval are that (a) ERL shall comply with the agreed upon design and timelines for the screening plans; (b) ERL shall comply with the agreed upon design of the landfill expansion; and (c) ERL shall forever waive its right to pursue any further landfill expansion within the City. Tiller Corporation (Tiller) shall be a party to all of the rezoning, reguiding, and conditional use permit amendment applications, including amendments to Tiller's mining CUPS and licenses as reasonably required by the City, concerning the expanded landfill. ERL's purchase agreement with Tiller for the necessary portion of the 109-acre Southern Development Area for the landfill expansion will require Tiller to cooperate with the City concerning the expanded landfill. 3. "Prima Issue No. 2." ERL agrees to permanently stop accepting waste for disposal and to close the landfill to the public no later than December 31, 2030. No waste shall be disposed of at the Landfill after that date, or when the permitted airspace capacity in the City's land use and license approvals is reached, whichever occurs fast. 4. "Primary Issue No. 3." If the City grants the necessary approvals referred to in Paragraph 2 of this Agreement, then ERL shall pay the City an Expansion Fee of $3.33 per ton of MSW disposed of at the Landfill from January 1, 2011 through June 30, 2015 and $5.00 per ton of MSW disposed of at the Landfill from July 1, 2015 through December 31, 2030. The parties' 2003 Host Community Agreement is rescinded. The Expansion Fee shall be paid directly to the City on a monthly basis and shall be accompanied by an accurate report on the amount and type of solid waste disposed of in the Landfill each day during the. month. The Expansion Fee due for each month shall be received by the City no later than the thirtieth (30'h) calendar day of the succeeding month. The parties agree that the Expansion Fee shall be the only fee charged by the City for solid waste disposal at the Landfill. However, the Landfill shall remain responsible for all other applicable and customary fees, including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, platting and subdivision fees, including park dedication and other fees incident to platting and subdivision, real estate taxes, special assessments for public improvements and all other applicable fees. Any increase or decrease in the amount of the Expansion Fee must be in writing and must be executed by ERL and the City. . ERL's Expansion Fee revenues may be used by the City for any Iawful public purpose, including general fund purposes. The parties agree that the City has statutory authority to impose abatement fees on the Landfill and has done so in the past. However, that authority may be subject to legal challenge and is subject to legislative scrutiny and alteration. Therefore, the City agrees, for so long as ERL makes timely payment of the Expansion Fee, to waive its rights to impose such fees and to accept, in lieu thereof, the Expansion Fee described in this Agreement. If the City shall be required by law to collect from ERL an abatement fee or similar landfill fee in addition to the Expansion Fee, the Expansion Fee due and owing to the City shall be reduced by an amount equal to the amount of such required abatement fee collected by the City. The Expansion Fee is in lieu of the statutory landfill abatement fee for the disposal of solid waste only. All other fees applicable to the Landfill (including building permit fees, zoning application fees, CUP application fees and cost reimbursement requirements, SWF license fees and cost reimbursement requirements, utility use fees, platting and subdivision fees, including park dedication and other fees incident to platting 2 and subdivision, real estate taxes, and special assessments for public improvements) shall remain in effect and applicable to the Landfill. ERL shall maintain in full force and in effect all financial assurance required to be maintained by city, county, state, and federal law in order to assure completion, closure, and post-closure care and maintenance of the Landfill as required by law. ERL shall also provide the City with a certificate of insurance and copies of its financial assurance instruments and documents on a timely basis. 5. "Dismissal of Litigation and Appeals." If ERL and Tiller submit revisions to their previously-submitted application materials as needed to reflect ERL's proposed 27.2-acre design provided to the City (Attach. B), and the City Council approves those revised applications upon the completion of the procedures required by state law and local ordinance for such approval, then within 30 days of the final City Council vote approving such applications: (1) the parties to the case filed in Sherburne County District Court now known as ERL I, through their counsel, will execute a stipulation for dismissal; (2) the appellants in the Minnesota Court of Appeals matters known as ERL II, III, and IY, through their counsel, will withdraw those appeals; and (3) the parties will execute mutual releases intended to release the parties and their agents and officials from all claims known or unknown arising from the subject matter of the ERL I-IY litigation. The parties further agree that they will not use any of the previous rulings in ERL I-IY in any future litigation against each other. 6. Miscellaneous. 6.01 Effectiveness of Agreement. The effectiveness of this Agreement is contingent on the parties' obtaining the necessary approvals referred to in Paragraph 2 of this Agreement. 6.02 Buffering and Screening. All infrastructure, including a 200-foot buffer, will be located within the SWF overlay district. That requirement does not apply to the perimeter screening that was labeled as the "proposed screening berm" in ERL's May 12, 201 l "Proposed Cross-Section." Attach. C. That screening, which is or will be on the south side of the Landfill (facing 221st Street), the east side of the Landfill (facing Highway 169), and the west side of the Landfill (facing the trail), must be fully vegetated, with a variety of types of trees. 6.03 Restrictive covenant. A restrictive covenant shall be placed on those portions of the property ERL is acquiring for this expansion, except for those areas that would become available under the approvals referenced in Paragraph 2 of this Agreement for the disposal of waste; the restricted area would include, among other areas, the buffer areas and any sedimentation ponds. The covenant will be meant to prevent the future use of the subject areas for the disposal of waste under any circumstances. 6.04 Public Access to Western Trail. ERL agrees to allow public access on the trial through the old railroad path on its property immediately north of the City's limits (in Livonia Township), as needed to connect the trail west of its property in the City to a future path north of the City. 6.05 Maximum Elevation. The maximum elevation of the Landfill will remain at 1,120 feet above sea level. 6.06 Primary Responsibility. This Agreement shall be administered by the parties' points of contact. 6A7 Points of Contact. (i) The City's Point of Contact. The City's point of contact shall be its City Administrator, 13065 Orono Parkway, Elk River, Minnesota 55330, Telephone: (763) 635-1061, Fax (763) 635-1090. (ii) ERL's Point of Contact. ERL's point of contact shall be its District Manager, 22460 Highway 169 NW, Elk River, Minnesota 55330, Telephone (763) 441-2464, Fax (952) 890-8556 and its Area Vice President at W 132 N 10487 Grant Drive, Germantown, WI 53022. 6.08 Notices. Any notice, demand, direction, request, or other instrument authorized or required by this Agreement to be given to or filed with any party or any agency, shall be deemed sufficiently given or filed if and when sent by United States mail, addressed to the party to receive the same, to the attention of that party's point of contact. 6.09 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of Minnesota. 6.I0 Entire Agreement; Amendments. This Agreement may not be modified except by an instrument in writing and duly executed by the Parties. 6.11 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. ERL may assign this Agreement only with the express written consent of the City. In the event of any assignment, however, ERL shall remain fully responsible to assure that its duties and responsibilities as expressed in this Agreement aze fully performed. 6.12 Authorization. The City and ERL (and each person executing this Agreement) warrant each to the other that each has taken all actions necessary to authorize it [o execute, deliver, and carry out this Agreement. 6.13 ERL's Obligations. The City shall have no obligation to pay any part of ERL's expenses in carrying out their obligations under this Agreement. 4 6.14 Dispute Resolution, Any subsequent dispute between the parties regarding this Agreement shall be presented to and finally resolved by the former Hennepin County District Court Judge Steven Z. Lange or, if he is unavailable, a neutral agreeable to all parties to the dispute. IN WITNESS WHEREOF, the parties, by and through their duly authorized representatives, have hereunder set their hands and entered into this Agreement as of the Effective Date set forth above. DATED: ~~ Ah~ I , 2011 CITY OF ELK RIVER ., BY ~~ ITS r~ DATED: ~~~, 2011 .-~ .r -"~~ BY ITS ~~_~ 1 Q r 1~ DATED: June 8 , 2011 ELK RIVER LANDFILL, INC. ~- ITS ~i~e ~re•;a-~` 5 - - -- - --- -- -- PARCEL EXHIBIT B X PARCELS I N SEC 3. 4 .qq q .~ CITY OF ELK RIVER " E E! r ~ FOR ELK RIVER L ANDF I L L sr.ai_E. 1 • - aee• • • THT `> /5 NOT A ROl/NOARY SURVFY• ~I •l, Y YE \ TIIE R!IX.E~ OF RICE LNrE LL I ¢! RlMl1 ~v LAr6rLL ~ ..~6 ~ I . `r R ~ ~ a Y ,. ~ - I ~ SEC: 4 q .,,, reu •z . m' usoar a J I I , ~ I I e ~ i I ,~" ~ / r I f q eel. S6 ql~ ~• 1! f I I ~ ,r d • d v em I = I 6 I en o.l~ r ~1, i I ~ 4 I , „~ i 221ST RIVE. NM ~ ~ cm 6 ¢r~lai - ---- xolur ~,r I ~" , u o.~ I .u i I i ' 1,r I d ' !r i I SEL; J --------I -'-- --- ,r I f I I ,.' I A d I I • I 1 -~ ----- [vAlcoeE MEN cuurwr Lrvlu uc• Y /7~ 4DWtlo/KaelolY~~gq6~~r.4 ~ aU~51~~11~~~1cEleE1MES • ggnec ewlmlua ro!x!s .qv.-n Deco e. CML ca•ssls_IS_+ezzlss,_rs~zzma,_+_~ar z.ee._ts_rer uvv w..4. ":+ :'~a,"m s':v.:• RCK FILF~ q. /q1.2/ELY RIVER/1186/2'/ RC I!E q SEC. 3&4. TWP. X33. RNG. ~Zf>/~ ~ - -~~~~~ LocR *`Me"YIg/w ~; Dote • ROGART. PFD[RSON ,R ~ z n SEC. 33&34. TWP. 34. RNG, 26 & ASSOC I ATE`'i. 1 NC. ~~ a ~.,•rt ~ ~~~ ~ ~"~"~ ~_ zR CITY OF E.R. /I_IVON [A TWP. ~// ci~"scm ~'mlRC o+o FR " __ '~ SHERBURNE COUNTY. MN ,o. .o ~: e,• E... ,., ><„R.. r e1"" - .I~.w ~"°R! ~ F{ i ~a~l~ ~~ p~~ ~~ ~ rn~ ~~ /c~ious ~I'oG~icm~~~3 asso~afe~ - - l,~i ~ ~l l~tlasf~ Matita~nc~~ Qlc~i~io~r - SU L+~C C~/l `lal~~ l~ ~iic ~~l~s o/~ per Ala ~~lo~~u~ ~ ~ebyi ~~~ ~ i I~ l ~ 4UI~IG {'~P,~ ~ ~l~~PSl~I ' o r /2-~ L. ~ ~J ~ ~ J~~myreYl c~1a a~ ~ ~a ~1c1~ •GOm 1 J~ • ~~ ~, r7 C~ Y~ U ~U ~,~~ sehc~ ~~ i/~C r i ~ u~ GAO L ~~~~Q%'/~ ~'~S ~j ~'~~ h1'M ~~a-~~~ -ob'a 7 POINTS TO MAKE RE: WASTE MANAGENCENT EXPANS -1V ~ -`_' JCL cl -~ I e vc ~ of s ~ '-~" ~-~-- ~ 1~.~, ,~~e~C ~ ~~ ~' ~ ~G~~~~ ~ Ci ~`~ns ~ ~~~,~ ~ 1~ ~ ~~ ~~, ~ v ~' ~~ Gf/ • ~'ou might all be saying Shame on all of you for building next to a /~ landfill" and you're right, but let me share with you what we've all~s ~ been told since day one (back to 2002) of moving into the CO,~~~U development from closing companies, realtors and city personnel ~G alike...the landfill will be capped in 5 years. • The RRL makes up somewhere between - ° t ~~~~ r e I fo e i al $400,000-$500,000 from the residents of the RRL whic~~ capita the largest property tax neighborhood in the city limits. Our concern is the fact that the council was opposed to the WM expansion by a vote of 5-0 last year and on the most recent vote was in favor of the expansion by a vote of 4-1 with only councilman Gumphries maintaining his initial commitment to the residents of RRL. In fact, in a statement from councilman Zerwas he stated "We had expert after expert and study after study say that an expanded landfill impacts property values to the point that no matter what the host fee is, in the long term looking out SO years, the city isn't going to recoup that money because of the impact of an expanded landfill," ~~ l~ ~ ~~ l~ • During a RRL community meeting with Mayor Dietz, he expressed the hope that an increased fee from WM could potentially be used to reduce property taxes across the residents of Elk River. We strongly oppose any type of equal reduction in property taxes and would hope you would agree that those most negatively affected by WM would be able to receive the most substantial property tax reductions. Why should residents that aren't negatively impacted by the WM landfill on a daily basis receive the same flat property tax reductions as those of us that are? • We have heard directly from at least 3 different homeowners where pending sales of the properties were cancelled directly due to the WM expansion or sporadic odor throughout the neighborhood invariably caused by the landfill or the local compost site located near the WM landfill. • We represent the 69 families that reside in the RRL and ask for your commitment to the citizens of your city above the almighty dollar that you are getting from WM. Remember the statement that councilman Zerwas made and the vote that all councilmembers made last year. The WM expansion is a short term financial gain that negatively affects residents, home sales and future growth for the city of Elk River.