5.1. SR 09-07-2004City
TO:
FROM:
DATE:
SUBJECT:
Item ~ 5.1.
MEMORANDUM
Mayor and City Council
Rebecca Haug, Environmental Technician
September 7, 2004
Conditional Use Permit for Mineral Excavation by Schuer, Inc.
Inc./ CU 04-23
Request: Schuer, Inc. has an existing mining permit that allows them to mine 14.81 acres of
a 66.06 acres site. They are requesting approval to mine an additional 5.5 acres of the same
site. This operation includes periodic crushing of gravel, but not washing. The additional
5.5 acres are proposed to be excavated 15 feet below the ground water elevation using a
draglme. The site will not be dewatered to accomplish this. The site was not included in the
City of Elk River's 1994 Environmental Impact Statement (EIS) on Mineral Excavation, but
a discretionary Environmental Assessment Worksheet (EAW) was completed for the
original request. Additional environmental review is not required. All of the 66.06 acres site
is already zoned Mineral Excavation Overlay Zoning District.
A request for mineral excavation by J & B Mining is also on the Council's agenda for this
meeting. Although the two requests are separate, the restoration (final contours) of the sites
and wetland mitigation do tie together. Further, gravel from the J & B Mining site will be
hauled through the Schuer site to Elk River Bituminous. To keep this haul route open,
Phase 4 of the Schuer site (the current 5.5 acres request) will is not be mined or restored for
5 to 10 years.
Attachments:
Included with this memo is:
a vicinity map,
a Conditional Use Permit Application Submittal letter, dated March 29, 2004,
A letter dated, July 28, 2004 from the city's Environmental Consultant, Matt
Ledvina, regarding groundwater monitoring and the proposed environmental spill
plan,
a development plan, which shows the proposed final contours for the additional
acreage, and
a proposed Conditional Use Permit (CUP).
Issues:
Traffic - The gravel mined from the site is currently delivered to the Elk River
Bituminous site via an easement across private property owned by Aggregate
Industries. Traffic from the new area (Phase 4) will be accommodated the same way.
Section 10 of the attached CUP has additional stipulations on traffic.
Groundwater - Mining into the groundwater raises additional concerns. Matt
Ledvina, City Environmental Consultant, addresses these concerns in his attached
letter.
Environmental Spill Plan
The petitioner's Environmental Spill Plan will be revised to address Mr. Ledvina's
issues, e.g. identifying refueling locations.
Ground Water Monitoring Plan
The Ground Water Monitoring Plan will be revised to include monitoring for pH,
temperature and conductivity as well as Diesel Range Organics. Staff does disagree
with Mr. Ledvina regarding monitoring all three wells at the site, however. Staff
recommends that only the down gradient well located in the southeast corner on the
site be monitored (MW1). Incidents of contamination will be known. Section 17 of
the attached CUP has a condition that allows additional wells and additional testing
events, if needed.
National Pollutant Discharge Elimination System (NPDES)
The existing NPDES permit for the operation that has been revised and approved by
the Minnesota Pollution Control Agency, which includes an updated Storm Water
Pollution Prevention Plan (SWPPP) that reflects the proposed Phase 4 mining area.
Wetlands - The Technical Evaluation Panel, charged with reviewing wetland issues
for compliance with the Wedand Conservation (WCA) Act is recommending
approval of both the wetland impacts and wetland mitigation for the operation.
Section 9d of the attached CUP requires monitoring of the wetland mitigation,
which is to be secured by a letter of credit. A dollar figure to cover the restoration
has yet to be determined. A decision on the WCA issues is a separate agenda item
for this meeting.
The proposed wetland restoration plan is based on the premise that the groundwater
level incurred is not a perch water table. If information to the contrary is discovered,
the Operation shall cease uno new mining and restoration plans are submitted and
approved by the City.
Setbacks - Normal setbacks for a mining operation in the City of Elk River are 50
feet, but they can be increased if the pit is adjacent to a sensitive land use or reduced
if adjacent to another mining operation. The new area proposed to be mined, Phase
4, is bordered on the north by Ernie Toth's property, which is currently being mined
by Bauerly Bros. Staff is recommending the petitioner is allowed to mine to the
property line and that this area is restored to 4 to 1 slopes. It may be a long time
before the Toth's property is mined or it may never be mined. Either way the 4 to 1
slopes suffice. To the south and east, Phase 4 will tie into the proposed J & B
Mining operation and restoration. To the west, Phase 4 ties into Phase 1 of the
Schuer operation.
Recommendation: The Planning Commission is recommending approval of this request
under the conditions contained in the attached conditional use permit. Representatives of
Schuer, Inc. are in agreement with those conditions.
Location Map
Case Numben CU 04-23 SCHUER
LIc. CH
LIESCH ASSOCIATES, INC.13400 15TH AVENUE NORTH MINNEAPOLIS, MN 55441 763/489-3100 FAX: 763/489-3101
March 29, 2004
VIA MESSENGER
Mr. Steve Rohlf
Building and Zoning Administrator
City of Elk River
13065 Orono Parkway
Elk River, Minnesota 55330
Conditional Use Permit Application Submittal, Schmidt Gravel Mine - Phase 4
Schmidt Gravel Mine, 11349 219th Street NW, Elk River, Minnesota (the Property)
Dear Steve:
Liesch Associates, Inc. (Liesch) is submitting this letter and accompanying Conditional Use Permit
(CUP) Application submittal package (the Application) on behalf of Roger Schmidt and Schmidt Gravel
Mining (Schmidt Gravel) for the above referenced Property. Figure 1 shows the location of the Property
and Figure 2 shows the Existing Conditions, as of May 2003.
The following documents are included with this letter and complete the Application:
2.
3.
4.
5.
Completed CUP Application signed by the applicant, including the application fee of
$500.00 and consultant retainer fee of $500.00;
Plan Sheet A: Mining Area Grading Plan, Mining Area Restoration Plan, and Cross
Sections, prepared by Liesch Associates, Inc., dated March 26, 2004;
Storm Water Pollution Prevention Plan, Schmidt Gravel Mine, Elk River, Minnesota,
prepared by Liesch Associates, Inc., dated May 2003 and revised March 2004;
Completed Part 1: Basic Application, Minnesota Local/State/Federal Application Form for
Water/Wetland Projects, signed by the applicant; and
Labels for property owners within 350 feet of the Property.
Background Information
In May 2003, the Property was rezoned for mineral extraction and a CUP was g-ranted for operation of a
gravel mine consisting of three phases. The following documents relating to the Property and existing
CUP have been submitted to, reviewed, and approved by the City of Elk River:
· Environmental Assessment Worksheet, Schmidt Gravel Mine, Elk River, Minnesota, prepared
by Liesch Associates, Inc., dated January 2003.
· Storm Water Pollution Prevention Plan, Schmidt Gravel Mine, Elk River, Minnesota, prepared
by ~Liesch Associates, Inc., dated April 2003.
· Errvironmental Spill Plan, Schmidt Gravel Mine, Elk River, Minnesota, prepared by Liesch
Associates, Inc., dated April 2003.
Page 2
Mr. Steve Rohlf
March 29, 2004
· Jurisdictional Wetland Identification and Wetland Delineation for Proposed Schmidt Gravel
Mine, Elk River, Minnesota, prepared by Liesch Associates, Inc., dated May 2003.
· Memo to file from Leon Zeug, Liesch Associates, Inc., RE: Sediment Pond Design, Schmidt
Gravel, dated May 15, 2003.
· Plan Sheet 1 of 2 - Existing Conditions, Property Boundary, Watershed Boundaries and
Wetlands Map, and Plan Sheet 2 of 2 - Development Phasing Plan and Details, Schmidt Gravel
Mine, Elk River, Minnesota, prepared by Liesch Associates, Inc., dated May 2003.
Description of Pro}ect
Schmidt Gravel is proposing to mine an additional area, Phase 4, located on the eastern portion of the
Property, east of Phase 1 (see Plan Sheet A). Phase 4 consists of approximately 5.5 acres.
Approximately 94,000 cubic yards of material will be removed. Mining of Phase 4 is proposed to be
conducted from Phase 1 to up to the boundary of the adjacent wetland Area E to the east.
Two soil borings (iA and 2A) were completed in the area of Phase 4 on November 19, 2003. The
locations of the borings are indicated on Figure 2. The boring logs 'indicate that soils in that area of
Phase 4 consist of poorly graded sand with silt and gravel. Water levels were measured at the time of
drilling however; it is not believed that they represent the actual water level. The boring logs are
attached to this letter.
Mining is proposed to be conducted to 15 feet below the water table or to an elevation of approximately
933 feet. It is anticipated that Phase 4 will ultimately produce 3.5 acres of Type 5 wetland (see Plan
Sheet A). In the process, two small wetlands, Area F (0.10 acres) and Area G (0.09 acres), as shown on
Figure 2, are located within the proposed Phase 4 and would be removed. These wetlands are
um-egulated due to their small size. The perimeter of the newly created wetland will be properly seeded
upon completion.
Due to the elevation of the water table in the area of the project (approximately 948-950 feet, based on
information provided in the Environmental Assessment Worksheet prepared for the Property) it is not
believed that mining of Phase 4 will significantly impact wetland Area E, as Area E is expected to be a
gound water influenced wetland (elevation approximately 948 feet). Upon completion of mining
activities, it is anticipated that a natural transition between the boundary of wetland Area E and the
newly created Class 5 wetland of Phase 4 will occur. A "Part 1: Basic Application, Minnesota
Local/State/Federal Application Form for Water/Wetland Projects" as required by the City, is included
with the Application.
Mining below the water table will be conducted using a drag line. No dewatering will be conducted
at the site at any time. Drainage from Phase 4 will be directed to the open hole during mining (see
Plan Sheet A). The Property is currently operating under' a National Pollutant Discharge
Elimination System (NPDES) Permit MNG490000 and a Storm Water Pollution Prevention Plan
(SWPPP) and will continue to do so during Phase 4 mining. As indicated in the SWPPP, surface
water runoff and erosion controls are proposed to control surface water discharge off site. The
proposed controls will include installation of silt fence/hay bales, rip-rap placement in
drainageways, and phased topsoil replacement and seeding of completed phases. Silt fence/hay
bales and rip-rap will be placed in areas deemed necessary during mining operations. The SWPPP
has been t/pdated to include Phase 4 and is included with the Application.
THE LIESCH COMPANIES MINNEAPOLIS, MN MADISON, WI SCO'fq'SDALE, AZ
Page 3
Mr. Steve Rohlf
March 29, 2004
The mined material will be hauled to Elk River Bituminous located approximately 1A-mile south of
the Property using a private access road, as approved as part of the original CUP. Mining
operations be conducted between the hours of 7:00 AM and 7:00 PM as required by the City of Elk
River. All mitigative measures currently in place at the Property as part of the previous CUP for
Phases 1-3, (i.e dust control, noise control, and spill prevention and response), will be followed as part
of Phase 4 mining.
If you have any questions or comments regarding the enclosed, please call me at (763) 489-3178 or Glen
Johnson, Site Manager at (320) 252-8817. Thank you for your time and assistance with this project.
Sincerely,
LIESCH ASSOCIATES, INC.
Environmental Geologist
Enclosures
Cc.'
Roger Schmidt
Glen Johnson
John Lichter - Liesch
w:\env\64480\CUP submittal ltr.032904.doc
THE LIESCH COMPANIES MINNEAPOLIS, MN MADISON, WI SCO'FI'SDALE, AZ
MEMO
TO:
Steve Rohlf
COMPANY:
City of Elk River
FROM:
Matthew Ledvina, P.E.
DATE:
July 28, 2004
RE:
Schuer, Inc./Schmidt Gravel Mine - Groundwater Monitoring Plan and Environmental Spill
Plan Review
NOTES/COMMENTS:
As requested, I have reviewed the above referenced documents for the Schuer, Inc.lSchmidt Gravel
Mine. The following comments are provided in support of Conditional Use Permit (CUP)
development for the Site.
Groundwater Monitoring Plan Ground water elevations were measured in June and July 2004. An
interpretation of the groundwater flow with a water table contour map should be provided from this
data. The consistency of the groundwater level data should be assessed. The groundwater flow
interpretation for the site should be assessed in relation to the regional hydrogeology.
The monitoring schedule should identify that all three monitoring wells on the property be initially
monitored for the listed parameters for two sampling events within a four week period to provide
baseline of data for ongoing monitoring at the site. The annual groundwater sampling should include
the sampling of, at a minimum, one of the upgradient wells in addition to MW-1. This will enable
comparisons of water quality between upgradient and downgradient points at the site.
Field parameters of pH, temperature and conductivity should be reported and interpreted with the
analytic monitoring results for groundwater sampling.
The City of Elk River should be notified ASAP if water quality monitoring data indicates the potential
occurrence of environmental release. Water quality for groundwater sampling for the J&B monitoring
should be incorporated into the assessment provided with the annual monitoring report.
Environmental Spill Plan The Plan has been developed with an acceptable general outline. The
existing SWPP should be reviewed and updated as necessary to reflect the Phase 4 mining
· O O
MINNEAPOLIS HOUSTON DENVER
1000 IE)S Center Suite 200 Tower One, Suite 580
80 South Eighth Street 520 Post Oak Boulevard 1515 Arapahoe Street
Minneapolis, MN 55402 Houston, TX 77027 Denver, CO 80202
612.347.6789 832.203.1492 720.956.5300
O O
PROVIDENCE ANCHORAGE
Suite 2020 Key Bank Plaza, Suite
301
One Financial Plaza 601 W. Fifth Avenue
Providence, RI 02903 Anchorage, AK 99501
401.278.4300 907.777.5300
Schuer, Inc./Schmidt Gravel Mine
Page 2
activities. The Plan should state that there will be no maintenance of the equipment on the site. The
Plan should identify to contents and capacity of the spill kit that is provided with the refueling vehicle.
A specific refueling location(s) should be identified in the Plan in an area(s) where spill response can
be effectively implemented. The refueling location(s) would ideally be an area(s) with a relatively
impermeable surface, closed contours and minimal slope.
QSA-C\CER~004-51 l\Correspondence\ShuerReview.doc
2
CITY OF ELK RIVER
AGREEMENT FOR ISSUANCE OF
CONDITIONAL USE PERMIT
FOR MINERAL EXCAVATION
THIS AGREEMENT, made and entered into this __ day of , 2004,
by and between the CITY OF ELK RIVER, a municipal corporation organized under the
laws of the State of Minnesota (City), and Schuer, Inc., a Minnesota corporation, hereinafter
referred to as (Operator);
WITNESSETH:
WHEREAS, Operator has made application to City for approval of a conditional use
permit to operate a gravel mining operation within the City on property legally described as
follows:
The Northwest Quarter of the Northeast Quarter 0NW 1/4 of NE 1/4), the North Half of the
Northeast Quarter of the Northeast Quarter (N 1/2 of NE 1/4 of NE 1/4), and the North 200
feet of the South Half of the Northeast Quarter of the Northeast Quarter (Iq 200 ft. of S 1/2
of NE 1/4 of NE 1/4), all in Section 10, Township 33, Range 26, Sherburne County,
Minnesota.
(the Property); and
WHEREAS, the City of Elk River Planning Commission and City
Council have held hearings on Operator's request for a conditional use permit, at which
hearings all citizens of the City of Elk River and other interested parties have had the
opportunity to be heard on the application; and
WHEREAS, the City Council by motion adopted September 7, 2004, approved a
conditional use permit for the operation of a gravel mining operation (the Operation) on the
Property, subject to certain conditions, including that Operator enter into a conditional use
permit agreement with City so as to fully comply with the City's Mineral Excavation,
Zoning, and other applicable ordinances; and
WHEREAS, the City's Zoning Ordinance requires that a conditional use permit be
issued and that a conditional use permit agreement for mineral excavation be entered into.
NOW, THEREFORE, in consideration of the premises and the mutual promises
and conditions hereinafter contained, it is hereby agreed as follows:
1.) Entire Agreement- Except as otherwise provided herein, this Agreement
shall constitute the Conditional Use Permit for the Property and, to be executed by City and
Operator, shall govern the parties rights, responsibilities, and obligations with respect to the
operation, subject to the compliance by all parties with applicable city ordinances and state
and federal laws.
2.) Warranty of Operator- Operator hereby warrants and represents to the City,
as inducement to the City's entering into this agreement, that the Operator is the fee owner
of the subject property or has a valid lease for the operation and the fee owner of the subject
property shall also enter into this agreement.
3.) Conditions- The following general conditions shall apply to the Operation:
(01)
This Conditional Use Permit authorizes mineral excavation (gravel) from the
Property.
(02)
All mineral excavation and processing operations on the property shall
comply with the City's Mineral Excavation, Zoning and other applicable
ordinances; with the terms of this Conditional Use Permit agreement and the
license agreement to be executed by the City and Operator; with the City of
Elk River's Environmental Impact Statement on Mineral Excavation; and
with the application materials and plans submitted by the Operator, which
plans and materials are the basis for the City's approval of the Conditional
Use Permit.
(03)
The Operator shall orally notify the City of any violations of this permit
within 24 hours and follow this with notification in writing within four (4)
working days of the violation. The Operator shall notify the City annually in
writing of the total area and amount of material mined and projected
estimates of area and amount of material to be mined in the following year.
This is to be done at time of license renewal.
The license shall be renewed annually and shall run from June 1't through
May 31't. The annual license fee is that which is specified by the Elk River
City Council at time of renewal. This license fee is not in lieu of gravel tax
collected by the County, a portion of which the City receives.
(05)
Violations of this Conditional Use Permit may result in suspension or
revocation.
(06)
The City Building and Environmental Administrator and/or his/her agents
shall be permitted to inspect the Operation for compliance with the
conditions of this permit during normal hours of operation.
(07)
The City's approval of this Conditional Use Permit is subject to the approval
of appropriate permits by other governmental agencies.
(08) No explosives shall be allowed for this operation.
(09) Reclamation
Reclamation shall be implemented on an annual basis pursuant to the
reclamation plans submitted by the Operator.
00)
(11)
Each year a plan for that year's reclamation shall be approved by the
Building and Environmental Administrator prior to issuance of the
mineral excavation license.
Upland reclamation shall include topsoil from the site being
preserved and put back into place after mining and seeded as per the
approved plans. The vegetation established for the reclamation must
be maintained until it is self-sufficient.
Wetland restoration shall be in compliance with the approved
wetland mitigation plan. The Operator shall provide a letter of credit
in favor of the City for wetland restoration in the amount of $ A
formal wetland monitoring plan shall be submitted for City approval
one year after wetland restoration has been completed on the
Property and the J & B Mining site. The wetland letter of credit may
be released upon approval of the first year monitoring report, but
monitoring shall continue for an additional 2 to 4 years after, as
determined by city staff.
Contours, finished grades, details of erosion control methods, and
settling ponds, shall comply with the plans submitted and the City
ordinance at the time of reclamation. Additional measure as
determined by city staff may be required.
Traffic
Material mined as part of this Operation shall be hauled direcfly to
the Elk River Bituminous site via easements, not accessing any public
road. Access to Highway 169 at 219th Avenue will be eliminated
when frontage roads leading to interchanges are developed.
All portions of drives shared by this Operation and another business
or residence shall be a minimum of twenty feet wide and hard
surfaced. The Operator shall provide the City with executed copies
of all agreements concerning the ability to make improvements to
these drives and their maintenance prior to the Operation
commencing.
The sale of product from the Operation shall only take place from
the Elk River Bituminous site and then only after receiving
authorization from the Minnesota Department of Transportation and
completing all required improvements to the access for that site prior
to commencing said sales.
Dust Control
A permit from MPCA regarding air emissions shall be obtained when
required and particulate emission standards shall be met by the
(12)
(13)
(14)
Operation. This permit and all other correspondence between the
Operator and MPCA shah be copied to the City.
All equipment shall be located as to reduce dust to adjacent
properties.
A water truck shall be on site at all firnes when mining activities are
taking place to control dust as necessary. Chemicals shall not be use
for dust control.
do
The City reserves the right to require additional measures to be taken,
if warranted by dust problems, including but not limited to reducing
stock pile heights.
Hours of Operation
All mineral excavation, processing, and sales activities shall be conducted
between the normal hours of 7:00 a.m. to 7:00 p.m., Monday through
Saturday, except the hours may be extended by the Building and
Environmental Administrator for special cases.
Noise
ao
As deemed necessary by city staff, noise from screening and crushing
associated with this Operation shall be controlled by equipment
location on site, the erection of sound barriers, the placement of
stockpiles, and the type of equipment used.
bo
Noise levels associated with this Operation shall at no time exceed
State standards.
The City reserves the right to require additional measures be taken, if
warranted by noise.
Lighting
Lighting from the Operation shall be directed away from adjacent residential
property. Glare, whether directed or reflected as different from general
illumination, shall not be visible beyond the limits of the immediate site. All
sources of artificial light shall be so feed, directed, designed, or sized that the
minimum subtotal of their illumination shall not increase the level of the
illumination on nearby residential property by more than .1 foot candles in or
within twenty-five (25) feet of a dwelling, or more than .5 foot candles on
any part of the adjacent property.
(15) Debris
(16)
(17)
The piling, storing, or keeping of old machinery, junk, debris, or abandoned
motor vehicles, shall be prohibited on this site, with the exception that
reusable parts may be stored on the mineral excavation site provided that it is
in a location that cannot be viewed from adjacent properties or is totally
screened.
Vibration
Mining activities shall not cause excessive vibration off site. If excessive
vibration becomes an issue, the City reserves the right to take appropriate
measures to alleviate the problem.
Groundwater Protection Measures
a0
The Operator shall file with the City an Environmental Spill Plan and
a Storm Water Pollution Prevention Plan. The Operator shall adhere
to these plans in the event there is a spill.
The Operator shall provide the Fire Department with a copy of their
flammable or hazardous materials.
c. Refueling shah take place only at designated locations.
d0
All incidences that have the potential to adversely affect groundwater,
including but not limited to spills, shall be verbally reported to the
City within 24 hours. This verbal notification shall be followed up in
writing within four (4) working days.
eo
The appropriate storm water permits (NPDES) shall be obtained by
the Operator from MPCA and copied to the City.
fo
Prior to commencing mining, the monitoring well located at the site
shall be monitored for diesel range organics 0DRO), pH, temperature
and conductivity to establish baseline data. The reference parameters
shall be monitored a minimum of once each mining season
thereafter. In the event of a spill, the City may require additional
testing events, parameters and monitoring wells, as well as the
cessation of operations until the spill is deemed clean by the City.
go
Gravel washing operations and dewatering are prohibited at this site
and will require an amendment to this permit to be allowed in the
future.
ho
Except for minor repairs, maintenance of vehicles and equipment
shall take place in the shop at the Elk River Bituminous site.. The
Operator shall have an approved hazardous waste license for this
facility and properly dispose of all waste.
(18)
(19)
(21)
(22)
jo
Temporary sedimentation ponds, as indicated on the plans submitted,
shall be constructed and maintained until deemed to be no longer
necessary by City staff.
The Operator shall provide the City updated groundwater data as it
becomes available.
ko
The proposed wedand restoration plan is based on the premise that
the groundwater level incurred is not a perch water table. If
information to the contrary is discovered, the Operation shall cease
until new mining and restoration plans are submitted and approved
by the City.
Signage
Signage for the operation shall be that which is permitted for an industrial
operation in a medium industrial zone, with the exception that billboards are
not allowed.
Fencing
All cut faces with slopes greater than 3 to 1 shah be fenced on the high sides
to provide a clear warning of the potential danger until properly sloped.
Oakwilt
Cutting of trees between April 15 and July 15 is prohibited. The Operator
shall take other measures deemed appropriate by the Sherburne County
Forester to control oakwilt, such as, but not limited to: debarking or
destroying fallen diseased trees prior to April 15~h, not leaving roots exposed
and avoiding mechanical damage on remaining trees.
Blanding'sTurfles
Department of Natural Resources flyers with an illustration of a Blanding's
Turtle shall be distributed to aH site workers. If observed, turtles in
imminent danger shah be removed to a safe location and turtles not in danger
shall be left undisturbed. AH construction areas shall be surrounded by silt
fence to keep turtles from entering and no wetlands shall be altered as a
result of the work authorized in this permit.
Other Permits
The Operator shall obtain all state and federal permits appropriate to their
operation and file copies of said permits with the City.
4.) General Provisions-
(01) Permits- Operator agrees to comply with all of the provisions hereof and
agrees to save and hold the City harmless from any and all claims or actions arising
from the operations of the Operator on the Property.
(02) Binding Effect- The terms and provisions hereof shall be binding upon, and
inure to the benefit of the heirs, representatives, successors, and assigns of the
parties hereto and shall be binding upon all furore owners of all or any part of the
Operation and shall be deemed covenants running with the land. This Agreement
shall be placed of record so as to give notice hereof to subsequent purchasers and
encumbrances of all or any part of the Property, and all recording fees, if any, shall
be paid by the Operator.
(03) Severable- In the event that any portion of this Agreement shall be held
invalid for any reason, the same shall not affect in any respect whatsoever the validity
of the remainder of this Agreement.
(04) Waiver- Any waiver, whether express or implied, by any party of a breach of
any provision of this Agreement will not operate as or be construed to be a waiver of
any subsequent breach of this Agreement.
(05) Notices- All notices and demands specified herein shall be deemed
appropriately and timely given when delivered personally or deposited in the United
States mail to the addresses hereinafter set forth by certified mail (return receipt
requested). The addresses of the parties hereto are as follows until changed by
written notice given as above:
If to the City at:
City of Elk River
ATFN: Building & Environmental Adm.
13065 Orono Parkway
Elk River, Minnesota 55330
If to the Operator at: $chuer, Inc.
Elk River Bituminous
ATTN: Glenn Johnson
1200 - 29~h Ave. NE
Sauk Rapids, Minnesota 56379
(06) Incorporation by Reference- All plans, special provisions, proposals and
specifications, submitted pursuant to this Agreement shall be and hereby are made a
part of this Agreement by reference as fully as if set forth herein in full.
IN WITNESS WHEREOF, the City and Operator have caused this Agreement to
be duly executed on the day and year first above written.
CITY OF ELK RIVER
OPERATOR/FEE OWNER:
Schuer, Inc.
By: By:
Its: Mayor Its:
By:
Its: City Clerk
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
,2004, by Stephanie A. Iadinzing, the Mayor of THE CITY OF
ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
SS.
COUNTY OF SHERBURNE
The foregoing instrument was acknowledged before me this day of
, 2004, by Joan Schmidt, City Clerk of THE CITY OF ELK
RIVER, a Minnesota municipal corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA
COUNTY OF
SS.
The foregoing instrument was acknowledged before me this day of
,2004, by ., the
of $chuer, Inc., a Minnesota corporation, on behalf of the
corporation, fee owner of a portion of the subject property and Operator on the
subject property.
Notary Public
This instrument was drafted by:
City of Elk River
Building and Environmental Dept.
13065 Orono Parkway
Elk River, MN 55330
WEST PHASE 1 ~ PHASE 4 EAST NORTH
MINING t ' MINING "P~A~ SOUTH I ~ S~ .' '
'"':~' :' ':"':'":' ': :" : ....
' N ~ ~ . ~ . . · ' · ' ~ ~ . I ~J= I ·
~-/:X : : : : ~: : : : "[ .... < ~ ':" :'~L":' :'": : :,' ~" :'~': ": .....
i. ] ~ . - ,
· :...:.. : ..: ..:.. :. ~: .~A~:~. 1:~.~ / : . . ' · · ~ [~v.~o
' · ..... '. ~ ~ ~ ..... :'' :'": '-: .:- ~..- :.~N~:4. :t / - · / / ~'~' "- ,
~ · I. ~.~.~(~ .... ~ .I ~ '' ': '': I ~ ~ ......
:..:...: ...:.. :...:.. ~,~ , . .:...~...: ..:...: ..: ~ ,'
CROSS SECTION A- A'
CROSS SECTION B - B'
OROSS-SEOTION LOOATION MAP
; ~ ~. ~ ~ NOT TO SCALE
~ ~ ~""~."~ .... ~,~' ......... ~ ,~ ~. ~ ~,. ...... ~. "~ Schuer, Inc. ~ ~o~ Phase 1, Phase 2E and Phase 4 D~elopment PI~ 2 A