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5.3
ITEM- 5.3. MEMORANDUM ty of' TO: PLANNING COMMISSION 1kRiver FROM: STEPHEN ROHLF, BUILDING AND` ZONING ADMINISTRATOR DATE: APRIL 25, 1997 SUBJECT: CONDITIONAL USE PERMIT REQUEST FOR MINERAL EXCAVATION BY BAUERLY BROS. CU 97-2 OVERVIEW Bauerly Bros., Inc. are requesting a conditional use permit to excavate gravel from an approximately 151 acre site. The location of the property in question is east of Highway 169 and south of 225th Avenue. A vicinity map is attached. Bauerly Bros. are slightly different than most gravel miners in the fact that they mine to produce product only for their own use; to be used in their road • construction business. The pit proposed will be active only when Bauerly Bros. have a road construction job in the vicinity. They estimate the pit will be active for twenty years. The land affected by this request was included in the city's recent Environmental Impact Statement (EIS) on mineral excavation. The land included in the study was rezoned to ME/Mineral Excavation Overlay District to put adjacent property owners on notice of the intent to mine these properties. Therefore, the property in question is already zoned correctly (ME) to allow gravel mining. The subject property is close to the shoreland district for a pond attached to Trott Brook, which lies to the east. However, no property included in this shoreland district is proposed to be effected by the mining. - A check of the Biological Survey for Sherburne County does not show any rare or endangered plant species or habitats. Further, the EIS did not identify any threatened wildlife species on this property. Attached is a draft conditional use permit for this request. This conditional use permit contains standard language included in all permits for mineral • excavation. In Section 3, titled "Conditions", paragraphs 9 through 21 contain conditions particular to this proposal. s:\b&z\stever\baurcup.doc 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 ATTACHMENTS • • Vicinity map • Site plan • Cover letter from Bauerly Bros. • Letter from adjacent property owner, Jeff Lawson • Letter from Barr Engineering regarding wetlands, with attached aerial photo • Draft conditional use permit NEIGHBORHOOD CONCERNS City staff facilitated a meeting between Bauerly Bros. and the neighbors adjoining the proposed pit on March 5, 1997. The neighbors had the typical concerns with dust, noise, etc. The conditions proposed by staff to address these concerns seemed agreeable to those at this meeting. The neighbors where also in agreement to allow Bauerly Bros. a chance to see if they could crush gravel 24 hour a day and not be an intrusion to the neighborhood. Bauerly Bros. had a further meeting with Jeff Lawson, who is the closest neighbor to the proposed haul road. This haul road is proposed to be in the location indicated on the attached site plan for the life of the pit. A letter from Mr. Lawson is attached. Staff received additional comments from a neighboring resident who was not at the staff facilitated meeting. This resident was not against mining ori this property, but strongly recommended that berms be placed adjacent to 225th Avenue and that this road be tarred by Bauerly Bros. to hold dust down and for safety sake. Bauerly Bros. will be prepared to address this issue at your meeting. Staff also ask the city engineer to review the safety issue on 225th Avenue. GROUND WATER In the mineral excavation EIS ground water levels under this site have been estimated between 943 feet and 945 feet above mean sea level. Bauerly Bros. are proposing to mine to an elevation of 947. Mining can take place below ground water, but concerns for protecting it increase. Staff is recommending Bauerly Bros. are a minimum of three feet above ground water with their mining operation. With this as a condition ground water monitoring is probably not necessary unless some problem arises. Bauerly Bros. are not proposing a wash operation at this site. Further, a spill can be detected and clean up prior to • affecting the ground water. Major equipment repair is not proposed on this \\elkriver\sys\shrdoc\b&z\stever\baurcup.doc site. Bauerly Bros. will be required to submit a thorough spill prevention and control plan. • WETLANDS Five wetland have been identified on the site (see attached site plan and report by Barr engineering). Bauerly Bros. have decided to avoid impacting these wetlands by keeping mining activities a minimum of 100 feet away. Additional wetland protective measures are listed in the draft conditional use permit. DUST Because of the crushing proposed with this operation, an air emission permit from the Minnesota Pollution Control Agency (MPCA) is required. In addition, staff is recommending that water is used to hold dust down. Bauerly Bros. have stated that they prefer to use Calcium Chloride, which can be more effective, but it is a salt. Staff is concerned with the effects of calcium chloride on wetlands. Bauerly Bros. may propose using calcium chloride only on 225th Avenue. Another dust issue is debris that will left on Highway 169 from the additional truck traffic. Bauerly Bros. have a street sweeper and will clean this • intersection as needed. One adjacent resident recommended that Bauerly Bros. pave 225th Avenue from the pit entrance to Highway 169. In a previous mineral excavation permit for Shiely Company, the city did require that a turn lane on County Road #33 was constructed by the permittee. This turn lane was a safety issue. The Planning commission will need to consider if paving 225th is legitimately similar to the Shiely situation. Dust can be held down by watering or calcium chloride. The resident who brought this up contends this is a safety issue because of the steep grade of 225th prior to Highway 169. Staff will provide further recommendations from the City Engineer and Street Superintendent at your meeting. • TREES PLANTING AND OAK WILT A portion of the affected property is wooded. Bauerly Bros. are proposing that farming be the end use of this property after reclamation. However, the Planning Commission should consider some replacement of the trees being removed; at least on the perimeter of the property. The wooded areas that will be disturbed by this proposal are made up largely of oaks. Therefore, oakwilt is of concern. The draft conditional use permit • contains stipulations to deal with oakwilt. \\elkriver\sys\shrdoc\b&z\stever\baurcup.doc CRUSHING 24HRS 25 DAYS CALL THEM . Their is a proposed crushing operation associated with this request. As previously stated this will require an MPCA Air Emission permit. Bauerly Bros. are proposing to reduce the number of days per year that they crush gravel by doing it 24 hours per day verses the normal 12 hour day that is allowed. The neighbors surrounding the site indicated to city staff that they are open to the 24 hour a day crushing with some reservations, noise being the primary one. A precedent for 24 hour a day crushing has been established at another Bauery pit in Elk River. In this other pit the adjacent neighbors were willing to live with the extended hours to limit the number of days crushing took place. Staff is recommending that Bauerly Bros. are allowed to crush gravel 24 hours a day for a maximum of 25 days a year. If Bauerly Bros. can not run their crushing operation in a way that is compatible with surrounding properties, this issue will be brought back to the Planning Commission and City Council as a public hearing to review if these extended hours shall be revoked. BERMING The site is somewhat screened from Highway 169. The other potential area of screening that was discussed at the neighborhood meeting was in the northeast corner of the site adjacent to 225th Avenue. It was undetermined whether or not screening would be effective in this location because the topography drops off sharply toward the area to mined. Bauerly Bros. are meeting with the resident in this location and staff will update the Planning Commission at your meeting. An area of potential berming that came up after the meeting with the adjoining neighbors is along 225th. Staff recommends berms in this location. FUELING/REPAIR Bauerly Bros. will have a generator at this site, but it is contained along with its fuel source in a semi-trailer. Further, fueling of vehicles will be from tankers so no permanent on-site storage of fuels is anticipated. No repair of equipment is proposed on site unless it is extremely minor. Bauerly Bros. will remove equipment that is in need of repair to their shop facility in Sauk Rapids. • \\elkriver\sys\shrdoc\b&z\stever\baurcup.doc RECLAMATION FARMING • The final contours shown on Bauerly Bros.' site plan are consistent with those proposed in the city's mineral excavation EIS. Bauerly Bros.' end use, farming, is consistent with the city's comprehensive plan, which indicates agricultural uses on this property. Bauerly Bros. are proposing a series of ten acre phases. Staff is recommending each previous phase is reclaimed prior to commencing on the next, with some exceptions for areas containing haul roads and storage. The draft conditional use permit has a number of conditions placed regarding reclamation. The Planning Commission may wish to add language regarding tree planting. RECOMMENDATION Staff is recommending approval of Bauerly Bros. request to mine gravel on the referenced property under the stipulations addressed in the conditional use permit. • • \\elkriver\sys\shrdoc\b&z\stever\baurcup.doc • January 21 , 1997 Bauerly Bros., Companies Quality-4phali Par liiL Mr. Steve Rohlf Zoning Administrator City of Elk River 13065 Orono Parkway Elk River, MN 55330 RE: Conditional Use Permit Application Ernest and Doris Toth Property Dear Steve, As per the requirements of the City of Elk River ordinance, the following information is being provided as part of our request for a conditional use permit. • Bauerly Bros., Inc., is requesting a conditional use permit for the operation of an aggregate processing operation (the miner) on the property of Ernest and Doris Toth (the property owner). Ernest and Doris Toth's property is located in the established mining district within the City of Elk River. Specifically, the property east of TH 169 in the extreme NE corner of the district. The complete legal description is as follows: S: 3 T: 33 R: 26 PID #75-103-4201 91 .19 acres W 1/2 SE 1/4 a n d W 1/2 SE 1/4 SE 1/4 PID #75-103-4202 20 acres E 1/2 SE 1/4 SE 1/4 PID #75-102-3401 40 acres W 1/2 S 1/2 SW 1 //4 151 .19 Total Acres The purpose of the proposed extraction is for the mining, processing and storing of aggregate materials for use on state, county, township and other • local road construction projects. We estimate the time to mine this gravel 4-87 Htl'I'. 2 ; V.F.. • Sal/4, Rapti.. 1 L\ -9-9690 612-251-Q-1-2 • lax W2-2-51-0011 \i H 1Lll t)��x.n uniic P.m� irn.rr area to be approximately twenty years, with the final acreage restored • within one year following the final year of processing. Mining and restoration will take place in 10 acre increments (phase 1 is slightly over 10 acres and phase 2 is slightly under). After the first 10 acres have been mined, we will begin processing on the adjacent 10 acres while restoring the previous acreage mined (as indicated on contour map). Our crushing operation will move across the property as staging occurs. The crushing will be accomplished with a portable crusher that will operate approximately 20 to 35 working days per year. This could vary by the amount of work in the area and is an average over the next five (5) years. Please refer to the attached diagram for the layout of our aggregate processing equipment. We are further requesting permission to operate our mining process 24 hours a day. Minimal maintenance will be done on site. There are no buildings, lighting or easements existing or proposed. There will be little to no runoff from the operations of the aggregate processing. Included in this packet is a copy of our NPDES permit for the regulation of storm water. If necessary, surface water is managed using detention basins along with berms and silt fencing to capture sediment prior to discharge from the property. Because our intentions are to prevent runoff as described by our NPDES permit, we did not research the estimated runoff • of the area based on 10 and 100 year storm events. We will not be using water to process any of the mined material, therefore there will be no disposal or re-use of any water. The water table is estimated at 943' to 945'. A well does exist on parcel #75-103-4201 (#500316). A map delineating wetlands has been included. Bauerly Bros., Inc. will not operate within 100 feet of the indicated wetland areas. This distance should aid in our efforts to avoid creating "peaks" around the wetlands and protecting the integrity of the wetlands. Dust will be controlled by watering of haul roads and transfer areas. Stockpiles will be strategically placed around the crushing operations to help reduce the transfer of noise. Our intentions will be to build a berm along the west end of the north property line (225th Street) in an effort to screen the site. However, this will not be accomplished until we are actually mining in phase 2 where the berms will physically be. Safety fencing will be placed in areas where slopes exceed 1 :1 .5. Warning signs will also be placed near these perimeters. • There will be no use of explosives. We will be mining to an overall depth no less than approximately 950 to 947'. The current use of this property and 11rd the adjacent land is agricultural. The Minnesota County Biological Survey from the DNR references no natural community or rare species on the subject property. There appears to be less than 3" of topsoil on site. Our operations will result in truck traffic of approximately 6 to 8 trucks on average. Our drivers are paid by the hour and not by the load. We strictly enforce safety rules and traffic laws with our drivers. For sanitary purposes, a portable satellite will be provided at the site and services a minimum of once each week. No trees will be removed between April 15 and July 15th of any year during operations. No tree stumps or limbs will be left exposed after clearing processes are complete. Trees along the property lines will not be removed. This will serve as a buffer zone between the site and adjacent property owners. In phase 1 , approximately 10 trees will need to be removed along the fringe of the field. No further removal will be done so that the existing barrier may remain between the crushing operation and Jeff and Theresa Lawson's property. Restoration of the site will included; • Final slopes will be a maximum of 4:1 . 0 • Topsoil will be stockpiled and restored to the site equivalent to the existing amount for the purpose of re-establishing vegetation for the current use, which is farming. • Slopes to water bodies will be no more than 4:1 . • The entire site will be reestablished with vegetation by planting seeds and legumes native to the area. • Any trees that must be removed along property lines will be replaced with seedlings. Proposed elevations for restoration purposes are indicated by the dark broken line on the contour map. Thank you for your consideration of this permit. Sincerely, a,1( kj IP (171 Laurie Seifert-Kissner • Environmental Specialist Bauerly Bros., Inc. lk • • Barr 8300Norman Center Drive 555 West 27th Street 202 West Superior Street • Minneapolis,MN 55437-1026 Hibbing,MN 55746 Duluth,MN 55802 Phone:(612)832-2600 Phone:(218)262-3465 Phone:(218)727-5218 Engineering Company Fax: (612)832-2601 Fax: (218)262-3460 Fax: (218)727-6450 April 7, 1997 Ms. Laurie Seifert-Kissner Bauerly Bros., Inc. 4787 Shadow Wood Dr., NE Sauk Rapids, MN 56379 Re: Wetland Delineation Dear Ms. Kissner: Enclosed is an aerial photograph showing the limits of the wetland investigation conducted on the proposed mining site located on the SE'/a, SW'/a and NW1/4 of the SE'/a of Section 3 (T33N, R26W) in Elk River. The field investigation of the property was completed on April 4, 1997. The site boundaries and five wetland areas are delineated on the aerial photograph. The site was investigated for wetlands according to the Routine On-Site Determination Method specified in the U.S. Army Corps of Engineers Wetlands Delineation Manual (1987 Edition). The wetlands were delineated with the assistance of aerial photography and subsequently verified during the field investigation. Since the delineation was conducted prior to the growing season, the results should be considered preliminary. The field investigation occurred under mild early spring conditions. Most of the area was free of snow cover except for some patches in woodland areas. Several small ponded areas were still frozen and could only be assessed from the characteristics of soil and vegetation noted at the edge of the ponds. Ponded/flooded areas that may meet the criteria of a wetland were delineated as wetland. However, it is questionable whether the soil and/or the vegetative criteria of a wetland would be met in Wetland No. 1. This area was delineated as wetland in the absence of available soil and vegetative information due to flooding. The other areas delineated as wetland (No's 2,3,4 and 5) have a significant presence of hydrophytic (wetland) vegetation which is indicative of wetlands. Cattail, sedge, bulrush and reed canary grass were the dominant forms of vegetation in these wetlands. Laurie Kissner April 7, 1997 Page 2 • The saturation of the soil, attributed to the recent snow melt, made it difficult to assess hydric soil indicators such as soil color and chroma. However, hydric soil indicators were noted at the edge of most of the wetlands with the exception of Wetland No. 1. If you have any questions regarding this wetland delineation, please contact me at 832-2724. Sincerely, Rick Lestina Wetlands Biologist S • , a . J :': as ..' • • . ` ,a�•�i;e�t.;;"-xd w a"re i S ✓.- : r. " a ' r . 4ti : s; :yi $ , ce ` i1.n ;:ia:.: ,. S r fi •' ., ,,..� �:.:«. • -. , £. a • M: ,� >H 169 ,,,,:c...,- " C �,w. d: ;::k :�,azot ,Y, a, - • • • •no. 1�tla• • ••< az'd Wetland nt�. 5:'''k ::I4i < i. Wct and no__.: .:a.. ;:.,:,.,:a. ��',..,:",'R'r, ,;.�'?i:r b:y� 4%..�x��K�' .:��4 ��X' iw x:.:, ::::"L.,7',,'':- -:...."..-:::,41s:'''.'-i"*'''.4.''1:1:4•.1.--4,:,;44...'::::.:'....-'‘i''.''. -. 1'.....:.:::: :::., ',i _ , ; £ • 0 • • Y •„` ....`' . . . s . p .;,"'.. , IZ '"�-t:: E.. i ",a.: - A' i r i' _".. . ,'P _4t.i a ., :^:,':'."::.'.;:.:.'.4;1;;-.;.,4L!'.'""" zi "J::r • ... ": I Wetland no. 3 ". Wetland no. 2 :: .,. ". ::_;� ;��.. ,yam .." ` � _a:a:''�' .., ctl j � F -A.. - v. ° s xy ° N ar 'fit ..ie . > 4 `<a. F 3; xttey X'1..7 ^" a k °:.a8ijb, .",„,,1 -',•-.,....", o` i$!' . a a „..:.:;„..,...._,...,...,:.,„,,..,..,„:„..• .,,,....;5::E:‘ en: Wetlands Map Barr Areas April 3 1997' .. '-!(.::4. .:,.:,.......,...-. 5,. " .. 9 •5 .✓ ' k. ." � En9meerrCompany Site Boundary Bauerly Bros., Inc.: \• :. ,.'.r. "t::".., t .. °,Ys •a 600 Fat.. ..... .. a C... : ,: � ® April 7, 1997 Dear Bauerly Bros., City of Elk River Planning/Zoning Commission, and Steve Rohlf, As a result of our initial meeting, I would like to address several issues and get them resolved before April 22. I think it behooves all sides to get these issues behind us to provide a smooth CO-EXISTENCE in the coming years. I will be referring to some of the suggestions by the ZONING administrator at the first meeting. As a result of phases 1 & 2, my residence and family will be subject to much of the brunt of this operation, initially, so if the first phase can be implemented with satisfaction, it will provide a guideline for the rest of the phases. Issues: • SCHOOL BUS TRAFFIC: Presently there are (2)buses in the morning 6:40 am. & 8:05 am. There are also two (2) drop offs after 2 p.m. Additionally, this summer there will be a 9:00am. &12:00 BUS for Pre-School pick-up/drop off Day Care traffic must also be considered at early morning hours and @ evening rush hour. After the tragedy in MONTICELLO, it is imperative that SIGNS be posted for MAX. SPEED LIMIT and any other PREVENTATIVE measures be implemented. • The ROAD ENTRANCE that is presently planned DOES PROVIDE ADEQUATE VISIBILITY in both directions. One sign should be posted at the top of the hill, up from the Kregers driveway entrance, to warn in-bound traffic. Visibility will be adversely affected by the dust; so if the road is not asphalted, then the water truck MUST BE USED frequently. • TRUCKS CANNOT BE ALLOWED TO TURN RIGHT FROM THE GRAVET,PIT TO EXIT. The pit entrance to highway 169 should be the only allowed route. If there are not provisions for this, then all bets are off. • PRESENTLY, GRAVEL TRUCKS ARE TRAVELING AT EXCESS SPEEDS TO AND FROM PITS IN LIVONIA TOWNSHIP ON THIS SAME ROAD. THEY HAVE NOT TAKEN ANY RESPONSIBILITY TO WATER THE ROADLOBEY I SPEED LIMIT OR EXIT THE O I R DIRE TON I LIVONIA TOWNSHIP), WHICH IS A SHORTER DISTANCE. I will personally work with Steve Rohlf, to correct this situation. Legal injunctions are an option for the residents on this road that have small children, and DAY CARE facilities. My expectations are that the City of ELK RIVER will be PRO-ACTIVE and address it expeditiously with LIVONIA TOWNSHIP and the gravel mining company. • ROAD ACCESS to the"PIT': Road needs to be paved. If not, then mandatory • watering should be required at routine intervals. Turn lanes should be required. Access to the farm will go on for years, so I don't see this as an unreasonable request; as suggested by Steve Rohlf. 8/Z d 9982 'O )vd L661 '�l 'adv • HOURS OF OPERATION: Per Steve Rohlf: There is no god given right to work 12 • hours. Neighborhood people would prefer the same hours as we work: 7 am -5 pm Monday thru Friday. Saturdays should be few and far between with prior approval required. City ordinance needs to be revised from 7 .7 p.m. to lam - 5 pm. Residents that pay taxes to the city, county and state should be able to enjoy any time off that they can get, without having to endure additional disruption with out any economical benefit. • CRUSTIER hours of operation and location: TBD. Summers are short enough. Location will depend on noise, vibration and aestetics. • RECLAMATION PLAN in PLACE w/FUNDING: FINAL approval must meet EIS GUIDELINES. Use of land(zoning) after reclamation? We have been told that the City of Elk River, will hold a bond, until reclamation is finished w/each phase. • Road path to rest of farm on subsequent phases: Even after initial phases are complete, this road will stay in place; therefore, location is critical, due to dust, noise, drainage, aestetics, and vibration. Consulting w/Dave Bauerly, he has committed to working with us on this, and any issues that may arise_ This may include black-top or routine watering. • SET-BACKS: It is felt that 50 feet is not sufficient, especially with Arabian horses grazing on this side of the fence. Fifty(50) yards should be minimum set-back to this back line. The Valley depth will not provide additional mining opportunities. After 111 further review of phases I & 2 boundaries, w/Dave Bauerly, this should not be an issue with my property. There is not alot of opportunity between the road location and adjacent property line location to mine the valley and be able to retain a 4:1 slope requirement. • NOISE: Clauses are provided to correct problems that may arise during the operation. After discussion w/Dave Bauerly, it has been emphasized to keep ALL NATURAL BERMS in place (Wooded ridges)that will provide NATURAL SCREENING for NOISE and DUST. Clauses should be added to REQUIRE common sense use of Natural barriers for prevention of noise, dust and aestetics. • DUST: Because of the condition of my wife's allergies, it is imperative that we minimize dust from the operation. It should be noted that the ELK RIVER LANDFILL shuts down operations on very windy days_ There should also be provisions for this that apply to gravel pit mining. • PROVISIONS should be included for keeping the turn lanes, the median and general condition of the 225th&Baldwin Ave. nw. in acceptable driving condition without additional assessments by the neighborhood taxpayer. Everyone's cooperation is appreciated. Sincerely, Jeff Lawson 22715 Baldwin Ave_ N.W_ Elk River 8/8 d 5982 '°NI vd1,Zf d6Z Z1 L661 '�i 'A Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:51PM;JJ{{X #563;Page 1 DOHERTY 2800 Minnesota World Trade Center With offices in: 30 East Sew:uh Street Minneapolis,MN,Telephone(612)340.5555,FAX(612)340-5584 RUMBLE St.Paul,Motnesou 55101-4999 Denver,CO.Telephone(303)572-6200,FAX(303)572.6203 Telephone(612)291.9333 Washington,D.C.,(202)393-255C FAX(202)393.3131 & BUTLER FAX(612)291-9313 PROFESSIONAL ASSOCIATION Attorneys at Law FAX TRANSMITTAL SHEET April 17, 1997 TO: Debbie Kleckner City of Elk River FAX: 441-7425 RECIPIENT'S DIRECT DIAL: 441-7420 FROM: Kevin Johnson SENDER'S DIRECT DIAL: 291-9257 CLIENT NO: 106730-510 The following FAXed material is 39 pages including the cover sheet, If there is any problem with the • transmission of any of these pages, please call the copy/fax center at (612) 291-9416. COMMENTS: Attached are draft License and Conditional Use Permit for Planning Commission mailing on Elk River Landfill item, The information contained in this facsimile message is attorney privileged and confidential, intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient,you arc hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone,and return the original message to us at the above St.Paul address via the U.S. postal service. • Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:51PM;Je #563;Page 2 • CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF AMENDED CONDITIONAL USE PERMIT THIS AGREEMENT, made and entered into this day of , {1996) 1,1 _97_1 by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the Permittee), [which is owned by SanifillL Inc., a Texas .agr, i.n ha is , wh 11 r . n-. .. '.';.i .f SA .s - - In . . D-l. .r- coyporation,1 provides as follows: WHEREAS, the Permittee owns the real properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill Property), situated in the City of Elk River; and WHEREAS, Permittee has been operating a landfill on the Landfill Property prior to • January 20, 1987, and is currently operating a landfill at that location (the Landfill); and WHEREAS, the City adopted an amendment (the Amendment) to its zoning ordinance authorizing the designation of a Solid Waste Facility (SWF) district effective January 20, 1987: and WHEREAS, prior to the adoption of the Amendment, landfill use was not a permitted or conditional use in any zoning district within the City; and WHEREAS, Permittee's landfill operation on the Landfill Property was a nonconforming use prior to the adoption of the Amendment; and WHEREAS, the appropriate and lawful regulation of the use of land for landfill purposes within the City is a matter of important public need and interest; and WHEREAS, the residents of the City could be adversely affected by the unregulated operation of the Landfill; and WHEREAS, the City rezoned the Landfill Property to SWF district and issued a Conditional Use Permit and Solid Waste Facility License for the Landfill operation in October, 1988; and • WHEREAS, Permittee has applied to the City for[amendment and] renewal of the Solid Waste Facility License and has requested that the Conditional Use Permit be amended to permit Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:52PM;Jetrax #563;Page 3 it horizontalnd vertical expansion of the L2ndfill. and WHEREAS, the City Council has determined t} t,f ,L,reasons related to public hell h safety and welfare the final elevation of the Landfill should be limited to no more Than 1120 feet above Mean Sealevel ( ISL): and J.1 . h- P•rmittee h.s ,ire-. • , lel •1• : ion sfnom r- a,• 20 M L. and, WHEREAS, the City of Elk River Planning Commission and City Council have held hearings on the request to amend the Conditional lise Permit, 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 for landfill and related operations on the Landfill Property described above, subject to the terms, conditions and qualifications hereinafter stated, to wit: 1.) Scope and Conduct of Landfill QRerations, The operation of a solid waste 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 (PCA); and in accordance with authorization and limitations contained in •{•PC--tr}t (01) MPCA1 Solid Waste Permit No. 74{,} [as modified and reissued in 1997 and which specifically authorizes Cells 12 and 13; 0211 the current Sherburne County Solid Waste Landfill License of the Permittee-#,}j .(13_,11 the current City Solid Waste Facility License tof the Permittee:] and 1044 this Permit.L 1Landfill operations may be conducted on the Landfill Site only in accordance with the plans, descriptions, and reports incorporated in said permits {incladiag spa,ifik-ally, but sithout innity tern, the application fur solid .M1 aster facility licwtse and application fur eo 1Wtiotial 113 t.p�i,►,it •� •, •L1I=9P Appl;cat;vn 5LA7rrutted Novciul. r 30, ••= • ••' - ••' _ •• • •• ' • • -, " ), and thG Solid Wabtc Liccnse Relie,ual Application submitted Nvvei,ibcr 30, 1995} land licensees Provided, however, that the entire Landfill shall have a final elevation of no more that 1 120 feet above MSL based on.5HILV s and including final coverras providedin the L.ong„Term Development Plan submitte to the City dated March 1997,••uid as revised on April 15 1997 • • • •..s•q h. g_es in the plans, • scriptions, and reports incorporated in said permits and licenses including MPCA Solid Waste 909579.1 2. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:52PM;Je #563;Page 4 • Pe-mit No. 74, shall be reviewed and approved, droved with modification, or disapproved by h- i ,c •- i• • in he current License issued by the.Lityl. 2.) Scone and Cond ct of Related Operations. (01) Recycling Center. 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. (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 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 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) Permittee shall have a regular schedule for appliance pick-up, to be • approved by City staff. 909579.1 3. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:52PM;Je #563;Page 5 • (02) Yard Waste Composting. The operation of a yard waste composting facility 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 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. • (I) 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 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 sections 4, 6, and 7, and the requirements of sections 16 and 24 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) Demolition Debris. The operation of a demolition debris landfill on the Landfill Property may be conducted, if in conformance with all applicable terms and conditions of this Permit, subject to the following conditions: S 909579.1 4. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:53PM;Je #563;Page 6 S (a) The operation of the demolition debris landfill 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 demolition debris landfill shall be located and operated as shown on mss}jthe`Revised Demolition Fill Plan - Final Grades. Sheet C-2," dated February 26, 19971 submitted by Permittee and approved by City staff. (c) Permittee shall provide an estimated development time line for the demolition debris landfill, including an estimated closure time line, which shall be updated as appropriate. (d) Permittee shall pay the demolition debris surcharge authorized by Minn. Stat. § 115A.921, Subd. 2. The Surcharge 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 demolition debris disposed of each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this Permit and shall be a violation of the conditions and requirements of this Permit ifor the purposes of the related operations authorized by Section 2 of this Permit. (e) 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 sections 4, 6, and 7; and the requirements of sections 16 and 24 to make prompt payment of all fees due to the City. No demolition debris may be accepted at the demolition debris landfill if this condition is not complied with. Permittee must immediately stop accepting demolition debris upon written notice from the City that there is a violation of this condition. (04) Other Related Operations. No other operations or activities, whether or not related to the 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 Clty. 3.) Buffer Zone. A Buffer Zone shall be established within the perimeter of the Landfill Property around the waste disposal areas of not less than 200 feet. Within this Buffer Zone, no waste disposal may occur. Permittee shall place a six (6) foot high earth berm, • landscaped with evergreen trees and protected from erosion within the Buffer Zone. Where the Buffer Zone contains heavily wooded areas, exception to installing the berm and landscaping shall 909579.1 5 Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:53PM;Jx #563;Page 7/39 ibe allowed. A plan for establishment of the Buffer Zone shall be submitted to the City no later than {Niarcli} Liuly] 1, -{1996}119_921 for approval by City staff and shall be implemented as provided in the plan. 4.) Specific Additional Operational Requirements. (01) Leachate Transmission Pipes. {The l.achate t,ansmission pipe shall-Hc-,c&siglicd • •• •• .• • • r. • r• • • • •.• • • . .•.• Permittee shall verify to the City every four(4) years that the existing {pipe does} 'leachate tr..nsmissionpi dol not leak. (02) Backup Leachate_Pumps. Permittee shall maintain backup pumps for use in the event of pump failure at the wet well and leachate storage tank on-site, or shall maintain provisions for restoring temporary leachate pumping within a 24 hour period, (03) Leachate Holding Tank. Permittee shall ensure that the leachate holding tank is pumped out on a regular schedule. It shall be a violation of this Permit to allow leachate to collect on the liner to a depth exceeding one foot due to the leachate holding tank being full. (04) Gas Venting system. •• . '• • [Permitee shall conduct' active • landfill gas venting {system by biaich 1, 1996,}tin accordance with approved plans and shall construct additional phases of the venting system at the time of final cover construction.1 (05) Comprehensive Monitoring Plan. {-Submit-at Lad Comprehensive Monitoring 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 [shall be updated annually to reflect changes in the monitoring systems'. The monitoring plan shall yield adequate information for assessing the effectiveness of the landfill gas control system in decreasing VOC contaminants in the groundwater. The {plan shall be submitted by-February 1, annual updates shall be approved by the City. (06) Anna Gas Vent System Assessment. Annually assess the effectiveness of active landfill gas venting operations based on the results of groundwater and landfill gas monitoring. Incorporate the evaluation in the MPCA Annual Report for the landfill. (07) VOC Remediatioa_Feasibility Study. In accordance with MPCA {cornsponaar1.e • • • • •• - ', 6." :• • [Permit. Part TTT C 1 Corrective Action the Landfill will be allowed a three year timeframe in which to • demonstrate the effectiveness of landfill gas extraction system in reducing VOC contaminants in the groundwater. 909579.1 6. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:54PM;JetraX #563;Page 8/39 . If, as of March 1, 1999, groundwater quality standards are exceeded at the facility's compliance boundary and the concentration of VOCs do not show a decreasing trend, the Landfill shall complete a Focused Feasibility Study. The Focused Feasibility Study shall be submitted to City staff by June 1, 1999. (08) VOC Remedial Action. If necessary, the selected remedial measure for VOC contaminants identified by the Feasibility Study must be constructed and operational by March 1, 2001, unless good cause can be shown for a delay. (09) Heavy Metal Contaminant Monitoring and Assessment. Heavy metal contaminants for surface water and groundwater must be addressed in addition to VOC contaminants. Based on the need for additional monitoring (in 1 rand- 996) to confirm exceedances and identify trends, the Landfill shall {toiidtict) (continue] monitoring (in 1995) and -{1996 and} prepare fail} evaluation {rcport} (reports] which shall be submitted with the f1996-}MPCA Annual +Regent} LReportsl. (10) Heavy Metal Contamination Feasibility Study. If heavy metal concentrations in groundwater and surface water exceed regulatory standards, the Landfill will be required to conduct a Feasibility Study and submit it to City star ) Lan schedule determined by City staff]. • (11) Construction Quality Assurance Reportc. 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. The report shall demonstrate that the work is 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; (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; (f) As-built cross-sections of the liner subgrade; (g) As-built elevations for all pipe inlets and outlets and pump-on/pump-off controls; 909579.1 7. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:54PM;Jei #563;Page 9/39 • (h) Completed manufacturer warranties; (i) All physical testing results. (13) The Permittee shall notify the City at least two (2) days in advance of liner barrier layer installation or final cover barrier layer installation. The Permittee shall assist the City in arranging inspection of the site at any reasonable time the City requests. The Permittee 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. (14) Temporary Fencinn- On-Site Litter Control. Litter control fences shall be {plact,d).Imaintainedl around the working area(s) of the Landfill to prevent the blowing of paper or other litter on or off site. The Permittee 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. (15) Permanent Fencing. The Permittee shall {instal}} [maintainl a minimum six-foot high fence around the perimeter of the site if and when necessary, based upon reasonable concerns regarding public safety or trespassing or uncontrolled dumping. 4111 (16) Public Information. The Permittee shall maintain a sign at the entrance to the Landfill Site which describes in common terms the substances which may be disposed at the Landfill and those substances which may not be accepted for disposal. (17) Sanitary Facili i s. Adequate sanitary facilities and shelter shall be provided for site personnel. (18) electrical Service. Adequate electrical service shall be provided at the site for operations and repairs. (19) Fire Fighting. 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 purchased for the City Fire Department shall be available at the Fire Department for use by Permittee on a temporary basis, as approved by the Fire Chief Permittee 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. (20) Safety Fgpipmenj. 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. 909_'79.1 8. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:55PM;Jetrax #563;Page 10/39 • (21) Water. A potable water supply shall be available for site personnel. (22) Storage. Adequate on-site shelter shall be provided for maintenance and storage, sufficient to supply the equipment required by subsection (19) of this section, during cold weather operations, (23) 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. (24) Communication. Adequate communication facilities shall be provided for emergency purposes. (25) Security. A gate shall be provided at the entrance to the site and kept locked when an attendant is not on duty. (26) Haul Roads. An all-weather haul road shall be provided to the unloading area and watered on a regular basis. The Landfill shall pave the access roads from T.H. 169 to the scale and from T.H. 169 to the shop building by June 30, 1997 to reduce dust generation. (27) 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. (28) Information Display. Subject to approval by the City Council, the Permittee shall {erect and} 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 and the penalty for nonconforming dumping. (29) Small-Load Dumping Site, The Permittee 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 from May I to October 31 each year. 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. 30 Oak Wilt Prevention Asa method to ,prevent oak wile Permittee shall not concluct any tree removal operations at the Land ll Props between Awl 15 and July 15 each year In n k s m s ri r 15 ch r, yhrarmovin r stumps,permittee shall prevent dam.•e to remainin: tr-es 1 5.) Off-Site Litt Control. The Permittee shall 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 909579.1 9. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:55PM;J x #563;Page 11 /39 • 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, Permittee 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 Permittee 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 Permittee, which shall remit payment within thirty(30) days of the date of such billing. 6.) Site Environmental)Monitoring. (01) On-site Groundwater, The Permittee shall perform on-site water quality testing at the monitoring wells in the manner required by the PCA 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 PCA. (02) Surface Water Quality. The Permittee shall have surface water quality tests • performed in conjunction with sampling quarterly events when water is present. (03) Off-Site Groundwater Quality. The Permittee shall annually sample the individual private wells identified in the Comprehensive Monitoring Plan required by section 4(05). All private wells shall be analyzed for pH, COD, ammonia, chlorides, specific conductance, and volatile organic compounds (MDH method 465C and EPA method 601, 602), (04) Modification, The testing programs specified in this Section 6 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. 7.) Hydrogeologic Reports. 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. The Permittee shall also notify City at least two (2) days in advance of any soil boring or well construction required by this Permit. 8.) 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 Zoning Administrator. Dust pollutives shall be utilized to 909579,1 10. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:56PM;Jx #563;Page 12/39 • the extent necessary on cover material such as stock piles 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 shall not be exceeded by the Landfill operation, equipment, vehicles, or machinery. The Permittee shall take reasonable actions to control odors from the Landfill Site. 9.) Closure. Within six (6) months of a written demand by the City, but in no event later than one (1)year prior to the date projected for cessation of landfill operations, the Permittee shall submit to the City for approval an updated closure and post-closure plan for the Landfill Site. 10.) Insurance. The Permittee 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 Permittee, 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 Permittee 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 coverages shall be provided in amounts not less than those specified: (01) Public liability, general liability, loading and unloading, personal injury, and property damage: (a) $200,000 per claimant (b) $600,000 per occurrence (c) $600,000 annual aggregate (02) Automobile and truck public liability, personal injury, and property damage, including owned and {rronawned}jnon-owned] vehicles with a $500,000 minimum limit. (03) The City may require additional insurance be provided by the Permittee 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 practicablf," "treasonably " and "economically available" shall be determined by 909579.1 1 1. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17197 2:56PM;Jx #563;Page 13/39 • the insurance coverages affected by the Minnesota Joint Underwriters Association or the readily available private insurance market. 11.) Bonding. (01) The Permittee shall furnish a surety bond 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 Conditional Use Permit. Such bond shall be made by an insurance company or other financial institution acceptable to the City and shall be 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 Permittee 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 Permittee and shall constitute ground for immediate and automatic revocation of this Permit. Said bond shall provide that if the Permittee refuses to obey any of these requirements or to any of the acts required by this Conditional Use Permit 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 the Landfill Site to the condition and requirements required by this Conditional Use Permit, the obligor shall reimburse the City for any and all expenses incurred to remedy the failure of the Permittee to comply with this Permit, • 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 Permittee. 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 or County. (02) In the event this, or any subsequent permit is revoked or the Permittee 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 Permittee 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 PCA and Sherburne County relating to final closure. In the event the Permittee fails to comply with the terms of this subparagraph (b), the City may, upon ninety (90) days' prior notice to the Permittee, enter into the property and perform all such obligations, the costs of which shall be borne by the Permittee, or, in default thereof, by its surety. {t3j h1+i -of the bond rcguirzu in thi �oction, the Pzrrcritt�, shall &lid an i rtroat bca,iug • • -• .• •.. . • - • • : .. • • •• • • . • : •• • • •• •. • • . • . •. • • wash dispc•scd of at the Landfill until the escruw account(injudirrg iutcrc,t) ha -r ' , td • ^:,::: r. • • • • • .. . • IP" •. •• N • • • DI. • • • • • • **. • •• • •• *pp • .1 • • 909579.1 12. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:57PM;J x #563;Page 14/39 • .• .• . . • ••• • • • • • • P • • EV .• • • • • 12.) Applicability of Conditional Use Permit. This Permit shall apply to the entire Landfill Property. This Conditional Use Permit shall run with the real property and apply to the Permittee, its successors, and assigns. 13.) Permit Period. This Permit shall be in force and effect until January 31, {2000•) 12(__MI or until the landfill operations authorized herein are completed and the Landfill is closed in compliance with the closure plan, whichever comes first. 14.) Violation of Conditions. If the Permittee or its successors or assigns violates any term or condition imposed by this Conditional Use Permit, or any solid waste facilities license issued for operation of the Landfill, this Conditional Use Permit may be revoked and terminated. Without limiting the foregoing, the violation of any statute, regulation, ordinance, or permit 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, or permit condition by any governmental authority other than the City shall not excuse the Permittee from compliance with statutes, regulations, ordinances, or permit or license conditions in effect on the 1111 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 :;onditions. 15.) Documents. Repot and laps. Copies of all documents, reports, and maps which are {required to be)supplied to the (PCA) JMPS.Al or to Sherburne County shall also be supplied to the City, at the same time. 16.) Charges and Fees. The Permittee agrees to pay to the City the City's reasonable costs for administering, enforcing, modifying and amending this Conditional Use Permit, as follows: (01) 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 Perrnittee'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. • 909579.1 13. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:58PM;,Jej #563;Page 15/39 • 17.) 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 the Permittee 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 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. 18.) Indemnity. The Permittee 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 Site. 19.) Worker's Compensation. The Permittee 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 Iegal requirements for occupational diseases, or self- insure for the above. 20.) Split Sams. The Permittee shall notify the City forty-eight (48) hours before any sampling of groundwater or surface water and allow the City to obtain split samples of such waters. 21.) Right to Require Performance. The failure of the City, at any time, to require performance by the 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. 21.) Severability. If any provision of this Conditional Use Permit shall be declared void or unenforceable, the other provisions shall not be affected, but shall remain in full force and effect. 23.) 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. 24.) Landfill Surcharge Fees. This Permit does not waive the City's right to collect the • surcharge authorized by Minn. Stat. § 115A.921, Subd. 1 (the Surcharge). The Surcharge shall 909'79.1 14. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:58PM;Jet #563;Page 16/39 • 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 Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this Permit and shall be a violation of the conditions and requirements of this Permit for the purposes of the related operations authorized by Section 2 of this Permit. 25.) Conflicts. In any cases in which the Permittee believes there is an irreconcilable conflict between the requirements of this Conditional Use Permit and Laws, Rules, Regulations, or Order of any other governmental authority, the Permittee shall promptly notify the City of such irreconcilable conflict and request an amendment of this Conditional Use Permit. Until such time as the City acts upon a request for an amendment to this Conditional Use 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 or 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 the 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 (other than as indicated in the permit 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 permit application) standard 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, pollutrnts, or contaminants in groundwaters or surface waters) are being violated as a result of landfill operations. (03) A determination that the emission of landfill gas on or adjacent to the Landfill Site is creating or threatens to create a health or safety hazard to the community. • Without limiting the foregoing, the City reserves the right to amend this Permit to impose upon the Permittee the obligation to comply with any state or federal law or regulation relating to the 909379.1 15. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:59PM;J x #563;Page 17/39 operation of sanitary landfills, whether or not said laws or regulations apply by their terms to preexisting landfills. Suspension, revocation, or amendment of this Conditional Use Permit may be ordered only after a public hearing on such suspension, revocation, or amendment, preceded by thirty (30) days' written notice to the Permittee, or at the time of consideration of renewal of this Permit. Notice of hearing shall include a statement of the proposed action by the City and the reasons therefor. Dated: ATTEST: THE CITY OF ELK RIVER: By: Patrick D. Klaers iHenry A. Duitsman City Administrator] Its: Mayor ELK RIVER LANDFILL, INC. By: • [Victoria L. Kreger Its: Site Manager {Its.} STATE OF MINNESOTA ) ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of January, Ly Hank} [of ,J 997 by Henry Al Duitsman, the Mayor of the City of Elk River, on behalf of the City of Elk River. Notary Public • 909579.1 16. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:59PM;JX #563;Page 18/39 • STATE OF MINNESOTA } ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of{ianuary, -1996}[ , 19971, by Patrick D. Klaers, the City Administrator of the City of Elk River, on behalf of the City of Elk River. Notary Public • 411 909579.1 17. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:59PM;J {X #563;Page 19/39 • STATE OF MINNESOTA ) ss. COUNTY OF SHERBURNE ) The foregoing instrument was acknowledged before me this day of[January, 199G, by ,the }[ 1997, by Victoria L. Kreger,the Site Managed of Elk River Landfill, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BY: DOHERTY, RUMBLE & BUTLER{(I'KB)} PROFESSIONAL ASSOCIATION 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, Minnesota 55402 • • 909579.1 18. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 2:59PM;Jet #563;Page 20/39 {Appruvcd-1/16/96} CITY OF ELK RIVER SOLID WASTE FACILITY LICENSE AGREEMENT THIS AGREEMENT, made and entered into this day of {1996} (l 9971, by and between the CITY OF ELK RIVER, a Minnesota municipal corporation (hereinafter referred to as the City), and ELK RIVER LANDFILL, INC., a Minnesota corporation (hereinafter referred to as the Licensee). WHEREAS, the Licensee made application to the City in 1988 for the issuance of a solid waste facilities license, pursuant to Elk River Code of Ordinances § 604.26, for the operation of a sanitary landfill (hereinafter referred to as the Landfill) on the following real properties described on Exhibit A attached hereto (hereinafter referred to as the Landfill Property) situated in the City of Elk River, for which the City Council directed the issuance of a conditional use permit contemporaneous with the issuance of a license; and WHEREAS, the City Council directed the issuance of a solid waste facilities license to • Elk River Landfill, Inc. (Licensee) conditioned upon compliance with the conditions set forth in the October 3, 1988 License Agreement, in order to mitigate the potential adverse affects of the Landfill on the general welfare of persons and property within the City; and [WHEREAS, the License was renewed every two years with_the most recent renewal occurring on January 16, 1996; and] WHEREAS, Licensee has applied for fan ameIIdment to andl renewal of the Solid Waste Facility License issued in{ 8)11996 to allow a horizontal and vertical expansion of the Landfill: and WHEREAS. the City Council has determined that,forreasons related to public health. safety. and welfare the final elevation of the Landfillshould be limited to no more than 1120 feet above Mean Sea Level (Mal: and WHEREAS. the Licensee has agreed to a final elevation of 1120 MSL]; and WHEREAS, the City Council of the City of Elk River has held a hearing on the proposed jamendmenundl renewal of the Solid Waste Facility License, at which hearing all citizens of the City of Elk River and other interested persons have had the opportunity to be heard. • NOW, THEREFORE, the City grants to the Licensee, and the Licensee accepts {a jan amended and renewedl solid waste facilities license for the operation of a sanitary landfill and Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:00PM;jetrax #563;Page 21 /39 • related activities on {the} the Landfill Property subject to the terms, conditions and qualifications hereinafter stated, to wit: 1.) Significant Perso s. The person responsible for actual operation and maintenance of Elk River Landfill, Inc., (ERL) to whom communications concerning this License should be addressed is Victoria L. Kreger in her capacity as Site Manager of 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 owned by] Sanifill, Inc. {is'}j a Texas corporation, whose address is {z3-7-7--Afien Parkway, Iloxston, T ,..as 77019} [1001 Fannin, Sure 4000, Houston, Texas 77002, Sanifill, Inc. is a holj,Y owned subs'diarn� of USA Waste Services. Inc.. a Delaware corporation. 1001 Fannin, Suite 4000, Houston, Texas 770021. The following information shall be provided to the local fire and police departments as well as the Sheriff: Victoria Kreger, Site Manager 11661 225th Avenue NW Elk River, MN 55330 Work: 441-2464, fax: 441-2025, home: 441-6090 Mobile: 840-5596, pager: 374-6741 • • • • • . S. . . 1: Huustun, TX 77040 • -: : ••' -: • , ••= . -:::- ::-• IChuck Wilcox, Regional Sales Manager USA Waste Services, Inc. Park West Two, Suite 420 2000 Cliff Mine Road Pittsburg. PA 15275 Work: 412-494-4966j 2.) Scope and Conduct of LandfillO•- ations. The operation of a solid waste sanitary landfill may be 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 authorization and limitations contained inJ MPCA Solid Waste Permit No. 74, [as modified and reissued in 1997 and which specifically authorized Cells 12 and 13 of the Landfill; • (02) the current Sherburne County solid waste landfill license issued to the Licensee{, andrthis-Licensc-a 'l, 909576.2 2. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:00PM;jetrax #563;Page 22/39 • L01),1the conditional use permit[, as amended,] issued [by the City] for the LandfillL and (04) this-Licensel.1 1Provided, however, that the fErtrifrii-slrall--}[entire Landfill shall have a final - -v, • 1 . .. e1 - 1,n 1120 - - : .eve MS has-. ., S • • V ..es, and including final cover. as provided in the Long Term Development Plan dated March 1997. and as rev s April 15. 1997, The Landfill shall alsoj be operated and developed consistent with the following plans and reports which have been submitted to the City land/or the MPCA]: (01) "Cells 6, 10, 11 Revised Engineering and Operations Plan", March 1989 (02) "Corrective Action Investigation Revised Work Plan", December 1989 and April 4, 1991 Addendum (03) " • I. „ Ott "Financial Assurance Report - 1990", November 1990 {(85)}[(04)] "Landfill Gas Monitoring Plan, Phase 1 Report", December 1989 and • modifying submittal dated March 13, 1990 {(06)}1(05)1 "Recycling Facility Design Report and Operations Manual", May 1990 {(07) '1990 Annual- .port", January 19911 "New Recycling Facility Design Report and Operations Manual", January 1991] (69-}}[_(07)1 "Final Cover Design", September 1991 J(08) "Quality Assurance Manual", November 1991 091 "MSW Operations Manual%January 1992 .(1Q) "Demolition Debris Operations_Manual", Febniarr 1992 111) "Cells i 0 & 11 Design Report". June 1992 (12) " Iousehold Hazardous Wade Management Plan" June 15. 1997 • "•e.se IL: . . -. tient • •..M" - •a. -a 993 904576.2 3. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17;97 3:01PM;,fe #563;Page 23!39 i' "LeachateManawment Plan", March 193 Q "Final Cover Sequencing Plan". A riml 1443 ,(16) "Phase I Landfill Gas Extraction ,Syste " (Plan Sheets #1-10 separate. April 1995 Revised Plan sheets_##1-9 separate), August 1994 U?.) "Revised Closure.Postclosure and Contingency Action Cost Estimates". February 1995 1.1 "Stormwater Pollution Prevention Plan". September 1993 (19) "Comprehensive Monitoring Plan Report". January 1996 2J "1996 Annual Report", Febniary 1997 "Revised Demolition FillPlan". Sheet No. C-2, Febntary26. 1997 2Q2 "1996 Water ali Report" February 1997 (.3,1 "Long-Term Development Plan". March 1997. and as revs on_April 15. 1997 • to include a maximum final elevation of 1120 feet MSL ?4. A l]{(1O)} Solid Waste License • • . s i • pi sem • • ' i •-: • • ••• '• • • • ' : , .. • [Renewals ibroltgh the_License dated January_16. 1996] {(i1)}[(25)1 Industrial Solid Waste Management Plan, Version {D, ABgmt- 991} [E. May 1994] and further conditioned upon submittal of annual reports describing the following: (a) Monthly and Annual Waste Disposal Volume. (b) Schedule of construction activities for the forthcoming year. (c) Type, Quantity and Source of Material to be Disposed. (d) Remaining permitted capacity. (e) Updated contour map which indicates the elevations of all fill areas. (f) Assessment of the Financial Assurances Plan. • 909576,2 4. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:01PM;JX #563;Page 24/39 • (g) Evaluation of the Water Monitoring System and a proposal for continued sampling and analysis. (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. ITh..aboN%, dcaLrib..d 1,.ports and any} 'Anil proposed changes in the {ptattsand leports } , .. . , . . - ••! ,! L • a A , - •_ III' •. 7' .id ,- County .ice cel shall be reviewed and approved, approved with modification, or disapproved by the City. The City may not unreasonably disapprove or unreasonably require {nivdifrcatiDu of any rt.port} '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. 3.) Scope and Conduct of Related Qrations. (01) Recycling Center. 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 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 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. 909576.2 5. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:01PM;Je #563;Page 25/39 • (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 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 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 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. 909576.2 6. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:02PM;Je #563;Page 26/39 • (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) Demolition Debris. The operation of a demolition debris landfill 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 demolition debris landfill 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 demolition debris landfill shall be located and operated as shown on {plans} lthe "Revised Demolition Fill Plan - Final Grade: Sheet No. C- 2." dated February 26. 19971 submitted by Licensee and approved by 410 City staff. (c) Licensee shall provide an estimated development time line for the demolition debris landfill, including an estimated closure timeline, which shall be updated as appropriate. (d) Licensee shall pay the demolition debris surcharge authorized by Minn. Stat. § 115A.921, Subd. 2. The Surcharge 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 demolition debris disposed of each day during the month. The Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. (e) 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 requirements • of sections 17 and 25 to make prompt payment of all fees due to the City. No demolition debris may be accepted at the demolition debris 909576.2 7. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:02PM;Je #563;Page 27/39 landfill if this condition is not complied with. Licensee must immediately stop accepting demolition debris upon written notice from the City that there is a violation of this condition. (04) Other Related Operations. 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. 4.) Specific Additional operational Requirements. (01) Leachate Transmission Pipes. • .••.. .-• ••• . : • Litpabilitf.'I Licensee shall verify to the City every four (4) years that the existing {pipe does} jleachateiransmission pipes do] not leak. (02) Backup Leachate Pumps. Licensee shall maintain backup pumps for use in the event of pump failure at the wet well and leachate storage tank on-site, or shall maintain provisions for restoring temporary leachate pumping within a 24-hour period. • (03) Leachate Boldin Tank. Licensee shall ensure that the leachate holding tank is pumped out on a regular schedule. It shall be 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) Gas Venting System. [Licensee shall conductl active landfill gas venting • • • • • , 4411. [in accordance with approved plans and shall construct additional phases of the venting system at the time of final cover construction.] (05) Comprehensive Monitorg Plan. LSebmit a} MO Comprehensive Monitoring 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 jshall be updated annually to reflect changes in the monitoring systemsl. The monitoring plan shall yield adequate information for assessing the effectiveness of the landfill gas control system in decreasing VOC contaminants in the groundwater. The • •• • • • • • •' annual updates • •. •, • i• • ••. • .• . •: • • r. • is • shall be approved by the City. • (06) Annual Gas Vent System Assessment. Annually assess the effectiveness of active landfill gas venting operations based on the results of groundwater and landfill 90976.2 8. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:03PM;Jex #563;Page 28/39 • gas monitoring{. IncoLl,oratL} [and incorpotAl the evaluation in the MPCA Annual Report for the landfill. (07) VOC Remediation Feasibility Study. In accordance with MPCA {Lo,���t,ond�n iiatL.d 1-,biraiy-14, 1994 re64rda th,) (permit. Part III C..1 Corrective Action{lilv,stirdivn Rcport}, the Landfill will be allowed a three year timeframe in which to demonstrate the effectiveness of landfill gas extraction system in reducing VOC contaminants in the groundwater. If, as of March 1, 1999, groundwater quality standards are exceeded at the facility's compliance boundary and the concentration of VOCs do not show a decreasing trend, the Landfill shall complete a Focused Feasibility Study. The Focused Feasibility Study shall be submitted to City staff by June 1, 1999. (08) VOC Remedial Action. If necessary, the selected remedial measure for VOC contaminants identified by the Feasibility Study must be constructed and operational by March 1, 2001, unless good cause can be shown for a delay. (09) Heavy Metal Contaminant Monitoring and Assessment. Heavy metal contaminants for surface water and groundwater must be addressed in addition to VOC contaminants. Based on the need for additional monitoring {in 1995 and-1996' to 411/ confirm exceedances and identify trends, the Landfill shall {conduct} [continue) monitoring {in 1995) and 11996 and}prepare {art}- evaluation fi,trolt} [repornsl which shall be submitted with the 996} MPCA Annual {Report} 'Reports). (10) . - . u - •f : . • .c'•' ' � . If heavy metal concentrations in groundwater and surface water exceed regulatory standards, the Landfill will be required to conduct a Feasibility Study and submit it to City staff tby May 1, 1997) [on. . schedule determined by City staff'. (11) Construction Quality Assurance Reports. 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. The report shall demonstrate that the work is completed to the plan specifications. The Report shall be certified to 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; (c) Photo documentation of all critical aspects of construction; • (d) Deflection testing results for leachate collection and transmission pipes; 909S7o.2 9. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:O3PM;,J x #563;Page 29/39 • (e) Narrative description of all as-built variances from the plans and/or specifications; (f) 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 (13) 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. • (14) Tempora' Fencing - On-Site Litter Control. Litter control fences shall be {placed} [mainrainedl 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. (15) Permanent Fencing. The Licensee shall {instali} [maintain] a minimum six-foot high fence around the perimeter of the site if and when necessary based upon reasonable concerns regarding public safety or trespassing or uncontrolled dumping. (16) public Information. The Licensee shall maintain a sign at the entrance to the Landfill Site which describes in common terms the substances which may be disposed at the Landfill and those substances which may not be accepted for disposal. (17) Sanitary Facilities. Adequate sanitary facilities and shelter shall be provided for site personnel. (18) Electrical Service. Adequate electrical service shall be provided at the site for operations and repairs. (19) Fire Fighting. 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- 1576.2 10. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:04PM;Jej #563;Page 30/39 • 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. (20) 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. (21) Water. A potable water supply shall be available for site personnel. (22) Storage. Adequate on-site shelter shall be provided for maintenance and storage, sufficient to supply the equipment required by subsection (19) of this section, during cold weather operations. (23) 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. (24) Communication. Adequate communication facilities shall be provided for • emergency purposes. (25) Security. A gate shall be provided at the entrance to the site and kept locked when an attendant is not on duty. (26) Haul Roads. An all-weather haul road shall be provided to the unloading area and watered on a regular basis. The Landfill shall pave the access roads from T.H. 169 to the scale and from T.H. 169 to the shop building by June 30, 1997 to reduce dust generation. (27) 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. (28) Information Display. Subject to approval by the City Council, the Licensee shall {crect and} 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 and the penalty for nonconforming dumping. (29) Screening. Visual screening of the Sanitary Landfill sire, as required by the Conditional Use Permit for the Landfill Property and as approved by the City Council, 9095762 11. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:04PM;J . x #563;Page 31 /39 • shall be provided by the use of buffer zones, natural objects, trees, plants, seeded soil berms, fences, and other suitable means. (30) Small-Load Dumping 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 from May 1 to October 31 each year. 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. L(31.). Oak Wilt Prevention. A s a method to prevent oak wilt, Licensee shall not conduct any tree remoy,a1 operations at the Landfill Property been April 15 and July' 15 e.c .r. n . .di ' •, , e. ,s . s. - 1 eve. ' a * s 1 e. • ce removin trees a d stumps. Licensee shall prevent damage to remaining trees4 5.) Off-Site Litter Control. The Licensee shall 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 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. 6 General Performance Standards. The Licensee shall comply with the following performance standards and operating requirements: (01) Hazardous Wastes Prohibited. No Hazardous Wastes shall be disposed of in the Landfill. (02) DanPerous 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 Building and Zoning 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 wastes by submitting to the City, for each waste, a statement identifying the waste type, generator name and address, volume, 919576.2 12. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:05PM;JX #563;Page 32/39 • 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, Version E", May 1994, shall be complied with in all respects, subject to the specific requirements of this License, and may not be modified or amended without the City's prior written approval. (03) Incorporation of e_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. (04) Compliance With Zoning Ordinance Performance Standards, The operation of the Landfill shall fully comply with the performance standards and other requirements of Chapter IX of the Elk River City Code, including specifically Section 900.28 thereof relating to performance standards for industrial uses. (05) 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 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 Landfill Surcharge Fee required by Section 25 of this License. The volume and location of the disposal of Dangerous Wastes shall be 909576.2 13. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:05PM;J x #563;Page 33/39 • 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. 7.) Site Environmental Monitoring. (01) On-site Groundwater. The Licensee shall perform on-site water quality testing at the monitoring wells in the manner required by the fPC-A-}IMPCA1 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 {PCA} jMPCAl. (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 Comprehensive Monitoring Plan required by Section 4(05). All private wells shall be analyzed for pH, COD, ammonia, chlorides, • specific conductance, and volatile organic compounds (MDH method 465C and EPA method 601, 602). 909576.2 14. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:06PM;Jej #563;Page 34/39 • (04) Modification. The testing programs specified in this Section 6 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. 8.) ftvdrogeologic Reports. 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. 9.) gust. 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 Ciry Zoning Administrator. Dust pollutives shall be utilized to the extent necessary on cover material such as stock piles 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. The Licensee shall take reasonable actions to control odors from the Landfill Site. 10.) Closure. Within six (6) months of a written demand by the City, and in no event later than one (1) year prior to the date projected for cessation of waste disposal, the Licensee shall submit to the City for approval an updated closure and post-closure plan for the Landfill Site. 11.) 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 coverages shall be provided in amounts not less than those specified: 909576.2 15. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:06PM;J . #563;Page 35/39 • (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) Two Hundred Thousand Dollars ($200,000) per claimant. (b) Six Hundred Thousand Dollars ($600,000) per occurrence. (c) Six Hundred Thousand Dollars ($600,000) annual aggregate. (02) Automobile and truck public liability, personal injury, and property damage, including owned and non-owned vehicles with a Five Hundred Thousand Dollars ($500,000) minimum limit. (03) The City may require additional insurance be provided by Licensee if market conditions change such that additional coverages 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{. and}j," "lreasonablyjj and "economically available" shall be determined by the insurance coverages affected by the Minnesota Joint Underwriters • Association or the readily available private insurance market. 12.) Bonding. (01) The Licensee shall furnish a surety bond 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 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 or County. 909576.2 16. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:07PM;jetrax #563;Page 36/39 • (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. ' • • - •i • • • • • • , - . • • , • ' • • • • • •• . •. . • - . •. •• . • • • • 6 • • •• • • • • • •• • • • •• • • • • • • •. •• • •• •. • ••.;' . •.. • • /. • •• • • •• • •• •1\ • I r • • • • 6M 6 •,•••, . • • I •• • •„ . N • • • • ••• ■ • • i •• . -•N • • .•r. . •• • •ii,iii• . i • • r• • •• • •• • . • ■• ' • • • • • • •• • ■ • • • • • • • • which time any account bat mx shall be disbursed to-Lieunsec-} 13.) Applicability of License. This License shall apply to the entire Landfill Property. 14.) License Period. This renewed License shall be in force and effect until January 31, '286O} 2f (101 l. 15.) 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. • 909576.2 17. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:07PM;J x #563;Page 37/39 • 16.) Documents. Reports. and Maps. Copies of all documents, reports, and maps which are {required-to-be; supplied to the {P£A}jMP CAl or to Sherburne County shall also be supplied to the City, at the same time. 17.) Charges and Fees. The Licensee agrees to pay to the City upon the (amendment and/ renewal of this License, $2,000. Thereafter, the Licensee shall pay the City an annual license fee of $2,000. 18.) 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 Victoria Kreger 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. 19.) 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. 20.) Workers' 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. 21.) 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. 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. 909576.2 18. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:08PM;JX #563;Page 38/39 • 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. 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.) Landfill Surcharge Fees. This License does not waive the City's right to collect the surcharge authorized by Minn. Stat. § 115A.921, Subd. 1 (the Surcharge). The Surcharge 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 Surcharge due for each month shall be received by the City no later than the thirtieth calendar day of the succeeding month. Failure to pay the surcharge fee when due shall be cause for revocation of this License and shall be a violation of the conditions and requirements of this License for the purposes of the related operations authorized by Section 3 of this License. 26.) Conflicts. In any cases in which the Licensee believes there is an irreconcilable conflict between the requirements of this License and 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. The violation of any of the terms of this License is grounds for 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: (01) 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 909376.2 19. Sent by: DOHERTY RUMBLE BUTLER 612 291 9313; 04/17/97 3:09PM;Jx #563;Page 39/39 • 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. (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. ATTEST: THE CITY OF ELK RIVER: By: Patrick D. Klaers [Henry A. Duitsman • City Administrator] Its: Mayor ELK RIVER LANDFILL, INC. By: [Victoria L Kreger Its: Site ManaQerl {fts- } THIS INSTRUMENT WAS DRAFTED BY: DOHERTY, RUMBLE & BUTLER{( }} PROFESSIONAL ASSOCIATION 3500 Fifth Street Towers 150 South Fifth Street Minneapolis, MN 55402 • 909576.2 20. CITY OF ELK RIVER . AGREEMENT FOR ISSUANCE OF CONDITIONAL USE PERMIT FOR MINERAL EXCAVATION THIS AGREEMENT, made and entered into this day of , 1997, by and between the CITY OF ELK RIVER, a municipal corporation organized under the laws of the State of Minnesota (City), and BAUERLY BROS., 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 west half of the southeast quarter (W1/2 of SE 1/4), and the west half of the southeast quarter of the southeast quarter (W 1/2 of SE 1/4 of SE 1/4), and • the east half of the southeast 1/4 of the southeast 1/4 (E 1/2 of SE 1/4 of SE 1/4), all in Section 3, Township 33, Range 26, Sherburne County, Minnesota. Also the west half of the south half of the southwest quarter (W 1/2 of s 1/2 of SW 1/4), Section 2, 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 May 19, 1997, 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 License Agreement and Conditional Use Page 2 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, together with the License Agreement 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 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 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 IIIbe done at time of license renewal. s:\b&z\stever\gravcup 2.doc Page 3 (04) The license must be renewed annually and shall run from • January 1st through December 31st. The annual license fee is that which is specified by City Code at time of renewal. This license fee is not in lieu of gravel tax collected by the County and 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 Zoning Administrator and/or his/her agents shall be permitted to inspect the operation for compliance with the conditions of this permit during normal hours of operation. (07) The City's approval of this Conditional Use Permit is subject to the approval of appropriate permits by other governmental agencies. (08) No explosives shall be allowed for this operation. (09) Reclamation • a. Reclamation shall be implemented on an annual basis pursuant to the reclamation plans submitted by. the operator. b. Each year a plan for that year's reclamation shall be approved by the Building and Zoning Administrator prior to issuance of the annual mineral excavation license. c. The reclamation shall include top soil from the site being preserved and put back into place after mining. d. The vegetation established for the reclamation must be maintained until it is self sufficient. e. Contours, finished grades, details of erosion control methods, and settling ponds, shall comply with the plans submitted and the city ordinance at the time of reclamation. g. Each ten (10) acre phase shall be reclaimed prior to work commencing on the next phase, other than areas- that • must remain part of the mining activity such as haul roads and storage. s:\b&z\stever\gravcup 2.doc • Page 4 (10) Traffic • a. Except for localized jobs, traffic through Elk River associated with this operation shall be limited to U.S. Highway 10 and 169. Haul trucks shall not be allowed to make right turns onto 225th Ave. when exiting the property. (11) Dust Control a. A permit from MPCA regarding air emissions shall be obtained when required and particulate emission standards shall be met by the operation. b. All equipment shall be located as to reduce dust to adjacent properties. c. Water, but no chemical agents, shall be used to control dust as necessary. d. The City reserves the right to require additional measures to be taken, if warranted by dust problems, . including but not limited to reducing stock pile heights, requiring routine sweeping of US Trunk Highway 169 at its intersection with 225th Ave. and temporarily closing the facility. (12) Hours of Operation All mineral excavation, processing, and sales activities shall be conducted between the normal hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday with the following exception: Crushing may take place twenty-four hour a day for a maximum of 25 days per year, provided that this operation does not unreasonable annoy adjacent property owners. Problems arising from the extended hours (including, but not limited to, dust, traffic, glares, noise, etc.) shall first be directed to Bauerly's for resolution, then to city staff if need be, and finally to the Planning Commission and City Council of the City of Elk River (with public hearing) to determine if the extended hours shall be revoked. • s:\b&z\stever\gravcup2.doc Page 5 (13) Noise • a. The noise from screening and crushing associated with this operation shall be controlled by equipment location on site, the placement of stock piles, and the type of equipment used. b. Noise levels associated with this operation, shall at no time exceed State standards. c. The City reserves the right to require additional measures be taken, if warranted by noise. (14) Equipment Maintenance a. The operator shall have an approved hazardous waste license and properly dispose of or recycle all waste. b. Only minor incidental repairs shall be allowed on site. (15) Lighting . Lighting from the operation shall be directed away from adjacent residential property. Glare, whether directed or reflected as different from general illumination, shall not be visible beyond the limits of the immediate site. All sources of artificial light shall be so fixed, directed, designed, or sized, that the minimum subtotal of their illumination shall not increase the level of the illumination on nearby residential property by more than .1 foot candles in or within 25 feet of a dwelling, or more than .5 foot candles on any part of the adjacent property. (16) The piling, storing, or keeping of old machinery, junk, debris, or abandoned motor vehicles, shall be prohibited on this site. (17) 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. (18) Groundwater protection measures shall include: a. The operator shall file with the City an emergency spill response plan. The operator shall adhere to this plan in the event there is a spill. s:\b&z\stever\gravcup2.doc Page 6 b. The operator shall provide the Fire Department with a • copy of their flammable or hazardous materials. c. All fueling equipment must comply with appropriate state and federal regulations. d. All incidences that have the potential to adversely affect groundwater, including but not limited to spills, shall be verbally reported to the City within 24 hours. This verbal notification shall be followed up in writing within 4 working days. e. The addition of a wash plant to this operation shall require an amendment to this permit. f. Mining activities shall be a minimum of 3 feet above ground water. g. The city reserves the right to require the establishment of on site ground water monitoring wells and the monitoring of site wells if warranted by problems arising from the operation. • h. The appropriate storm water permits shall be obtained by the operator from MPCA. i. On site sanitation facilities shall be provided. j. Wetlands on the site shall not be adversely affected. Mining activities shall not be allowed within one hundred (100) feet of the ordinary high water mark of wetlands on or adjacent to the property. The city may impose additional restrictions to the operation if warranted by conflicts with wetlands and shall order restoration. (19) Fencing and signs [every fifty (50) feet] warning of the inherent dangers associated with the operation shall be installed and maintained where slopes exceed 1:1.5. (20) To prevent oak wilt, tree removal necessitated by the operation shall not be conducted between April 15 and July 15 and oak stumps shall be grubbed out prior to April 15. Mechanical damage to trees not being removed shall be avoided. • s:\b&z\stever\gravcup2.doc Page 7 (21) Six (6) foot high berms and two rows of four (4) foot high spruce • with ten (10) foot spacing shall be erected adjacent to the entire length of 225th Ave. during the first year of operation in phase two, as identified in the attached plans. 4.) General Provisions- . (01) Permits- Operator agrees to comply with all of the provisions hereof and agrees to save and hold the City harmless from any and all claims or actions arising from the operations of the Operator on the Property. (02) Binding Effect- The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives , successors, and assigns of the parties hereto and shall be binding upon all future owners of all or any part of the Operation and shall be deemed covenants 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 ATTN: Building and Zoning Administrator 13065 Orono Parkway P.O. Box 490 Elk River, Minnesota 55330-0490 If to the Operator at: Bauerly Bros., Inc. Attn: Laurie Seifert-Kissner • 4787 Highway 23 N. E. Sauk Rapids, Minnesota 56379 s:\b&z\stever\gravcup2.doc Page 8 (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 FEE OWNER (S) OF PROPERTY: By: By: Its: Mayor By: By: Its: City Administrator OPERATOR: BAUERLY BROS., INC. By: By: STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1997, by Henry A. Duitsman, the Mayor of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public • s:\b&z\stever\gravcup 2.doc Page 9 STATE OF MINNESOTA • ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this day of , 1997, by Patrick D. Klaers, the City Administrator of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997, by , the of Bauerly Bros., Inc., a Minnesota 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 , 1997, by the of Bauerly Bros., Inc., a Minnesota corporation, on behalf of the corporation. Notary Public • s:\b&z\stever\gravcup2.doc Page 10 STATE OF MINNESOTA • COUNTY OF ss. The foregoing instrument was acknowledged before me this day of , 1997, by , the fee owner of the subject property. Notary Public STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of , 1997, by , the fee owner of subject property. IIII Notary Public This instrument was drafted by: City of Elk River Building and Zoning Department 13065 Orono Parkway PO Box 490 Elk River, MN 55330 • s:\b&z\stever\gravcup 2.doc •_ St April 16, 1997 CONSULTING ENGINEERS File: 230-356-11 1326 Energy Park Drive St.Paul,MN 55108 Mr. Steve Rohlf Building and Zoning Administrator 612-644-4389 City of Elk River 1-800-888-2923 13065 Orono Parkway Fax:612-644-9446 P.O. Box 490 Elk River, MN 55330-0490 RE: BAUERLY BROTHERS, INC. CONDITIONAL USE PERMIT Dear Mr. Rohlf: As you requested, I have reviewed the Bauerly Brothers, Inc. Conditional Use Permit (CUP) Application for an aggregate processing operation on the property of Ernest and CIVIL ENGINEERING: Doris Tolthe, located off of 225th Avenue. As we discussed, my review has been ENVIRONMENTAL primarily from a traffic standpoint. I have reviewed the information provided by Bauerly ,NICIPAL Brothers and the letter submitted by Jeff Lawson of 22715 Baldwin Avenue, as well as NNING making a site visit and discussing the issues with Phil Hals, Street Superintendent. SOLID WASTE STRUCTURAL I believe the concerns from a traffic standpoint can be broken down to three main issues: SURVEYING TRAFFIC 1. Dust control and/or the hard surfacing of the access road from the plant and 225' TRANSPORTATION Avenue to TH 169. ELECTRICAL/MECHANICAL 2. Safety issue as to whether or not adequate sight distances are available to elimi- ENGNEERING. nate conflicts between trucks accessing the plant and vehicles using 225th Avenue. HVAC POWER SCADA DISTRIBUTION 3. Issue of the landing area as 225`h Avenue approaches TH 169. SCADA SYSTEM CONTROLS The information provided by Bauerly Brothers indicates that truck traffic will result in approximately six to eight trucks on average. This statement is rather confusing. Does this mean there will be six to eight trucks hauling on an average day and, if so, how many trips are these trucks expected to make? What really is important is how many truck trips would be expected on an average day during the summer and also how many truck trips will be added to 225`h Avenue annually over the 20 year operation of the aggregate plant. I believe it would be safe to assume that during the construction season when the aggregate product is being used that the number of truck trips add to 225`h FFICES IN: Avenue can be expected to be substantial as compared to current traffic on the road. IpNNEAPOLIS PRIOR LAKE ST.PAUL WASECA An Equal Opportunity Employer Mr. Steve Rohlf Ill April 16, 1997 Page Two Therefore, I believe it is not unreasonable to expect Bauerly Brothers to participate in the hard surfacing of 225th Avenue from their plant to TH 10. This would also seem to be consistent with how the City treated other similar applications. However, after reviewing the situation with Phil Hals, it is not as simple as just paving that section of roadway. Currently, the roadway section is substandard and not ready for paving. There should be additional work done to the roadway to establish ditches and drainage, along with a better landing area at the intersection with TH 169. The other issue that complicates this is the existence of additional gravel operations just out of the City of Elk River in Livonia Township that also use 225th Avenue to access TH 169. As a compromise, I would suggest that through the CUP application, Bauerly Brothers, Inc., be required to participate to a certain level in the upgrading of 225`h Avenue either now or sometime in the near future. The timing to be determined by the City of Elk River, since they will also have a participation in the upgrading of that road. Bauerly Brothers' contribution could either be in the form of cash or in-kind services such as gravel and/or bituminous surfacing. • With regard to the issue of safety and visibility for trucks accessing 225th Avenue from the plant operations, I would suggest that appropriate signing indicating to vehicle traffic on 225th Avenue that there is a plant access and may be slow moving vehicles accessing 225th Avenue would be appropriate. If you have any other questions regarding this application, please call. Sincerely, MSA, CONSULTING ENGINEERS C ,0:21-edei_2 Terry J. aurer, P.E. TJM:kh 356-1605.apr 110 City of Elk River 13065 Orono Parkway • P.O. Box 490 Elk River, MN 55330 LOCATION IV MAP CASE: cu 97.2 75, APPRO TOPE b15TANGE BETw N GOfyTOUR LfNES PE RG ENT RAiIG_ 20: i 2070 5: � KK G R i I V A i j� f� �J 'o r ' r � • 1 1; t' ! o 4WP 0.0m ego r. soft own lo It ddMr . f i �. T / . IU�/1V • � • r • I 9. �. l _• ! 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