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4.14. SR 07-06-2015 ��i Eof lk — - Request for Action River To Item Number Mayor and City Council 4.14 Agenda Section Meeting Date Prepared by ConsentJuly 6, 2015 Kristin Mroz, Environmental Technician Item Description Reviewed by 2015 Mineral Excavation Licenses Suzanne Fischer,Director COD Reviewed by Cal Portner, City Administrator Action Requested Approve,by motion,the 2015 Mineral Excavation Licenses. Background/Discussion Mineral Excavation has been a part of the community for generations and the city continues to be home to six gravel mine companies. These companies are required to submit detailed information, as well as pay a fee, for an annual license in order to continue mining operations within the City of Elk River. The following operations are requesting a 2015 Mineral Excavation License: Miner Mine Name Acres to be mined in 2015 or acres not yet reclaimed Aggregate Industries Aggregate 234.35 C.S. McCrossan Const. Inc. C.S. McCrossan 45.41 Knife River Corporation Knife River 48.68 Midwest Asphalt Corporation Midwest 59.85 Plaisted Companies,Inc. Plaisted West 54 Plaisted East 8 Tiller Corporation Tiller South 439.69 Tiller North 146.82 Total 1036.8 Financial Impact None Attachments ■ 2015 Mineral Excavation Licenses POWERED 9r UREI 2015 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"), to: Aggregate Industries 2815 Dodd Road, Suite 101 Eagan,MN 55121 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property: Parcel ID # Acres Active or Acres Approved But Acres To Be Unreclaimed Not Active Reclaimed This Year 75-109-4100 39.99 75-109-4200 4.0 71.20 75-109-4400 39.96 75-116-1100 70.19 75-116-1105 4.0 75-116-1106 6.0 75-116-1200 1.35 78.84 75-116-4100 68.76 75-116-4200 73.30 Total Acres 234.35 223.34 (hereinafter referred to as the "Property"). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted N:\Departments\Community Development\Environmental\Gravel Mines\2013\GRAVEL_LICENSE_20XX- Company Name Excavation License Page 2 --------------------------- by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance, and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via CASH #33 or 213th Ave East to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any Excavation License Page 3 --------------------------- necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. N. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2016, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $5,801.70. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration and enforcement of this License, including consultant and attorney's fees. Excavation License Page 4 --------------------------- VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of$5,000. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all of the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. Kristin Mroz Dated Environmental Technician Tina Allard Dated City Clerk Mayor John Dietz Dated City of Elk River Mayor 2015 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"), to: C.S. McCrossan 7865 Jefferson Highway PO Box 1240 Maple Grove, MN 55369 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property: Parcel ID # Acres Active or Acres Approved But Acres To Be Unreclaimed Not Active Reclaimed This Year 75-110-2102 39.51 0 0 75-103-3300 5.9 0 0 (hereinafter referred to as the "Property"). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS N:\Departments\Community Development\Environmental\Gravel Mines\2013\GRAVEL_LICENSE_20XX- Company Name Excavation License Page 2 --------------------------- A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance, and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via 221"Avenue NW to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading Excavation License Page 3 --------------------------- and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2015, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of$908.20. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Excavation License Page 4 --------------------------- Licensee shall reimburse the City for all costs incurred in the approval, administration and enforcement of this License, including consultant and attorney's fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all of the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. Kristin Mroz Dated Environmental Technician Tina Allard Dated City Clerk Mayor John Dietz Dated City of Elk River Mayor 2015 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"), to: Knife River Corp—North Central 4787 Shadow Wood Drive NE Sauk Rapids,MN 56379 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property: Parcel ID # Acres Active or Acres Approved But Acres To Be Unreclaimed Not Active Reclaimed This Year 75-103-4201 40.04 56.46 1.46 75-103-4202 8.64 10.86 1.22 75-102-3401 0 40 0 Total Acres 48.68 107.32 2.68 (hereinafter referred to as the "Property"). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted N:\Departments\Community Development\Environmental\Gravel Mines\2013\GRAVEL_LICENSE_20XX- Company Name Excavation License Page 2 --------------------------- by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance, and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via 225th Avenue NW to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any Excavation License Page 3 --------------------------- necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. N. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2016, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $1,510.20. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration and enforcement of this License, including consultant and attorney's fees. Excavation License Page 4 --------------------------- VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all of the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. Kristin Mroz Dated Environmental Technician Tina Allard Dated City Clerk Mayor John Dietz Dated City of Elk River Mayor 2015 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"), to: Midwest Asphalt Corporation P.O. Box 5477 Hopkins,MN 55343 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property: Parcel ID # Acres Active or Acres Approved But Acres To Be Unreclaimed Not Active Reclaimed This Year 75-104-4410 0 8.12 0 75-109-1100 59.85 52.37 0 Total Acres 59.85 60.49 0 (hereinafter referred to as the "Property"). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted N:\Departments\Community Development\Environmental\Gravel Mines\2013\GRAVEL_LICENSE_20XX- Company Name Excavation License Page 2 --------------------------- by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance, and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via 221"Avenue East to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any Excavation License Page 3 --------------------------- necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. N. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2016, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $1,494.05. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration and enforcement of this License, including consultant and attorney's fees. Excavation License Page 4 --------------------------- VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all of the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. Kristin Mroz Dated Environmental Technician Tina Allard Dated City Clerk Mayor John Dietz Dated City of Elk River Mayor 2015 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"), to: Plaisted Companies, Inc. P.O. Box 332 Elk River,MN 55330 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property: Parcel ID # Acres Active or Acres Approved But Acres To Be Unreclaimed Not Active Reclaimed This Year or in Past Years 75-115-220 17 83 29 75-115-2205 1 1 19.95 75-115-2401 0 0 34 75-115-3100 36 0 36 75-115-3400 0 0 25 75-115-4200 0 26.34 0 75-111-2201 4 15 13 75-110-1100 4 4 0 75-110-1105 0 40 0 Total Acres 45 169.34 156.95 (hereinafter referred to as the "Property"). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- N:\Departments\Community Development\Environmental\Gravel Mines\2013\GRAVEL_LICENSE_20XX- Company Name Excavation License Page 2 --------------------------- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance, and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via CSAH #33 to Highway 169 for the West Mine and via 215`'' Ave. NW while exiting north bound on Highway 169 only and using the turn-around at the Elk River Landfill for southbound travel for the East Mine. Excavation License Page 3 --------------------------- Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2016, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $2,086.70. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. Excavation License Page 4 --------------------------- VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration and enforcement of this License, including consultant and attorney's fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all of the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. Kristin Mroz Dated Environmental Technician Tina Allard Dated City Clerk Mayor John Dietz Dated City of Elk River Mayor 2015 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the "City'), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"), to: Tiller Corporation P.O. Box 1480 Maple Grove,MN 55311 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property: Parcel ID # Acres Active or Acres Approved But Acres To Be Unreclaimed Not Active Reclaimed This Year or in Past Years Pit#715: 75-122-1205 43.15 0 29 Pit#716: 75-121-4100 22.25 0 22.25 Pit#717: 70.88 0 4.13 75-121-1100 75-121-1110 Pit#718: 253.68 0 9.62 75-121-2000 75-116-4205 75-121-1200 75-116-2105 Pit#719: 75-110-2405 0 0 13.29 Pit#726: 75-122-2200 49.73 0 28 Pit#753: 28.93 0 28.93 N:\Departments\Community Development\Environmental\Gravel Mines\2013\GRAVEL_LICENSE_20XX- Company Name Excavation License Page 2 --------------------------- 75-110-2202 75-110-2200 Pit#758: 69.89 0 6 75-104-4405 75-104-1101 75-103-3200 Pit#757: 48 71.64 75-103-2400 75-104-1102 Total Acres 586.51 0 161.68 (hereinafter referred to as the "Property"). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: I. GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional Approvals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance, and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. Excavation License Page 3 --------------------------- E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. II. SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via CSAH #33 or 213th Avenue East to Highway 169 for the South Mine and via 221"Avenue NW to Highway 169 for the North Mine. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation or non-renewal of this License. III. ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this Excavation License Page 4 --------------------------- License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. N. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2016, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $11,730.20. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VI. COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration and enforcement of this License, including consultant and attorney's fees. VII. SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIII. INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all of the requirements of the Excavation License Page 5 --------------------------- Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. Kristin Mroz Dated Environmental Technician Tina Allard Dated City Clerk Mayor John Dietz Dated City of Elk River Mayor