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4.8 SR 06-20-2023Request for Action To Item Number Ma Tor and CinT Council 4.8 Agenda Section Meeting Date Prepared by Consent June 20, 2023 Suzanne FischeY, Environmental�Special Projects DirectoY Item Description Reviewed by 2023 Mineral Excavation License Renewals Cal Pormer, Cit�r Administrator Reviewed by Action Requested Approve, b�= motion, all operators listed in the table belo�v for 2023 Gravel Excavation licenses. Background/Discussion Mineral excavation has been paYt of the community foY many �rears and continues to be an active industry. The operators submit detailed information for their annual license. There are no significant changes from any= opeYators this year. Staff ineets on site with each applicant annually to discuss operational plans and any concerns. The following operators have requested license renewal. The operators with no acres listed have yet to submit their applications. Mine Operator Acres to be mined in 2023 or acres not yet C.S. McCrossan CRH Americas Materials Holcim - MWR Inc. Knife RiveY CoY . 1 731.75 Martin Marietta 10 920.40 New Look Construction 1 814 2TLC LCC Plaisted 3 436 Steinin er Inc. 425 Total 18 327.15 Financial Impact $18,327.15 revenue Mission/Policy/Goal ResponsiblyT gro`v Attachments ■ 2023 Gravel Excavation Licenses The Elk River Vision A 2a�elcolning co�nlnunity 2a�ith T evolutiona� y and spizzted T esou� cefulness, exceptional se�vice, and coln�nunity engagelnent that encou�ages and ins�iz•es pTo�pe�zty. row�REo er �I'1 ���� Up�iited.• August 2020 2023 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"), to: 2TLC, LLC - Plaisted Companies, Inc. P.O. Box 332 Elk River, MN 55330 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property (hereinafter referred to as the "Property") Parcel ID# 75-115-2200 75-115-2205 75-115-2401 75-115-3100 75-115-3400 75-115-3406 75-115-4200 75-111-2201 75-110-1100 75-110-1105 Total Acres 68 21.95 0 29.58 0 0 0 7 4 0 130.53 61 0 10 4 0 5 24.91 13 4 43.17 165.08 0 0 26.42 0 9.28 10.72 0 20 12 16.5 94.92 THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: L GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional A�provals. This license is subj ect to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. Acres Active or � Acres approved, but� Acres to be Unreclaimed not being mined. reclaimed this year Excavation License Page 2 C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. EXcavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in eXcavation operations from those described in the application for this License shall be iinplemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. EXcavation operations shall be conducted within the confines of the excavation site described in the application for this License. No eXpansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the CitX. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be eXcavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. IL SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via County Road33. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zonin� Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary aoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. Excavation License IIL ADDITIONAL CONDITIONS Page 3 A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Stud, � and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authoriaed by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July l, 2024, as provided by Section 42-56 of the City Code. Application for renewal of this License inay be made to the City Council in the fonn required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereof. Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $3,436.00. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VL COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney's fees. VIL SUSPENSION ORREVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIIL INDEMNIFICATION OF CITY Excavation License IX Page 4 Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from excavation operations or other activities on the Property. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/ A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after eXpiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. Suzanne M. Fischer Environmental Services/Special Projects Director Mayor John Dietz City of Elk RiverMayor 6.202023 Dated 620.2023 Dated 2023 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the Ciry of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"), to: Knife River Corp - North Central 4787 Shadow Wood Drive NE. Sauk Rapids, MN 56379 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property (hereinafter referred to as the "Property"). Acres Active or Acres approved, but Acres to be Parcel ID# Unreclaimed not being mined. reclaimecl this year 75-103-4201 44.61 42.23 4 75-103-4202 5.7 13.08 1.22 75-102-3401 0 40 0 75-103-4200 8.6 15.4 0 Total Acres 58.91 110.71 5.22 THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional A�rovals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. EXcavation operations shall comply in all respects with the Mineral EXcavation Ordinance and shall also comply with and be consistent with Excavation License Page 2 the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the City. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to eXceed the original estimate Licensee shall immediately notify the City Environinental Administrator in writing of the change in estimated quantiry. IL SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via Hwy 169 and 225th Avenue NW (from the pit entrance W to Hwy196). Transportation of inaterials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been coinpleted. It shall be the responsibility of the Licensee to inaintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral eXcavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. IIL ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and Excavation License Page 3 the general welfare, or � � a Conditional Use Permit issued by the City for the operation. B. Gravel Area Studv and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2024, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereo£ Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application forrenewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $1,731.75. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VL COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney's fees. VIL SUSPENSION ORREVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIIL INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETYBOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/ A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from Excavation License Page 4 time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. 6.20.2023 Suzanne M. Fischer Dated Environmental Services/Special Projects Director 6.20.2023 Mayor John Dieta Dated City of Elk River Mayor 2023 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the 'City', pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral Excavation Ordinance"), to: Martin Marietta Minerals, Inc. P.O. Box 1480 Maple Grove, MN 55311 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property (hereinafter referred to as the "Property"). Owner PIDNo. Active Inact. Pre Reel. Total Acres Acres Acres Acres Tiller Corporation 75-122-1205 43.15 0.00 29.00 72.15 Malmstrom 75-121-4100 0.00 0.00 22.25 22.25 Tiller Corporation 75-121-1110 40.86 0.00 30.00 70.86 Tiller Corporation 75-121-2000 75-116-4205 75-121-1200 75-116-2105 Tiller Corporation 75-103-1300 Tiller Corporation 75-122-2200 Tiller Corporation 75-110-2202 75-110-2200 75-110-2101 Capital Land Grp 75-104-4405 75-103-3200 E1k River Landfill 75-103-2400 75-104-1102 75-104-1101 TOTAL ACREAGE PERMIT FEE/ACRE TOTAL PERMIT FEE 253.68 0.00 62.60 0.00 32.50 0.00 42.58 0.00 52.65 0.00 18.00 0.00 546.02 0.00 $ 20.00 $ 5.00 $10,920.40 $ - $10,920.40 9.62 263.30 0.00 62.60 45.23 77.73 0.00 42.58 6.00 17.70 159.80 58.65 35.70 705.82 Excavation License THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: L GENERAL CONDITIONS Page 2 A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42-71 thereof, and any amendments to the Mineral EXcavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional A�provals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requireinents of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the CityCode. D. EXcavation Operations. EXcavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No eXpansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the CitX. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be eXcavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. IL SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Elk River - South, primarily on CR 33 and Hwy 169. Elk River- North, primarily on 221"' Street to Hwy 169. Excavation License Page 3 Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been coinpleted. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zonin� Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. IIL ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citiaens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Studv and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authoriaed by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2024, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereo£ Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $10,920.40. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. Excavation License VL COSTS Page 4 Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney's fees. VIL SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIIL INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless froin all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETYBOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/ A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or eXcavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after expiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. Suzanne M. Fischer Environmental Services/Special Projects Director Mayor John Dieta Cityof Elk River Mayor 6.20.2023 Dated 6.20.2023 Dated 2023 CITY OF ELK RIVER EXCAVATION LICENSE A License is hereby issued by the City of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral EXcavation Ordinance"), to: New Look Contracting dba Superior Sand & Gravel 14045 Northdale Blvd. Rogers, MN 55374 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property: Acres Active or Acres approved, but Acres to be Parcel ID# Unreclaimed not being mined. reclaimed this year 75-104-4410 0 8.30 0 75-109-1100 69.85 40.9 0 Total Acres 69.85 49.20 (hereinafter referred to as the "Property"). THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: GENERAL CONDITIONS A Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral EXcavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional A�rovals. This license is subject to the approval of appropriate permits by other governmental agencies, including the Minnesota Pollution Control Agency, and to Licensee's compliance with all other applicable requirements of City Code, state law, and state regulations . This license does not authorize eXcavation at locations for which land use approvals required by the City Code have not been obtained. Excavation License Page 2 C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with noti�cation in writing within four working days of the violation. Any violation of the terms and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. EXcavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the excavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this Excavation License. F. Reports to the CitX. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be eXcavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estiinate Licensee shall immediately notify the City Environmental Services/Special Projects Director in writing of the change in estiinated quantity. IL SPECIFIC CONDITIONS A. Haul Roads. Material removed from the exca�ation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via 221"t Avenue NW to Highway 169. Transportation ofinaterials upon these Haul Roads shall not cominence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zonin� Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply for the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the Excavation License Page 3 City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. IIL ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citiaens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. B. Gravel Area Study and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the excavation operations authoriaed by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. N. EXPIRATION AND RENEWAL This Excavation License shall expire on July 1, 2024, as provided by Section 42-56 of the City Code. Application for renewal of this License may be inade to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or extension thereo£ Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSE FEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of $1814.00. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VL COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforceinent of this License, including consultant and attorney's fees. VIL SUSPENSION ORREVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. Excavation License VIIL INDEMNIFICATION OF CITY Page 4 Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting form excavation operations or other activities on the Property. IX. SURETYBOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/ A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required rehabilitation as per the yearly reclamation plan. This amount shall be conditioned further upon Licensee's compliance with all the requirements of the Mineral Excavation Ordinance and of this License and to pay any expense the City may incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a minimum period of one (1) year after eXpiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. 6.20.2023 Suzanne M. Fischer Dated Environmental Services/Special Projects Director 6.20.2023 Mayor John Dietz Dated City of Elk RiverMayor I 2023 CITY OF ELK RIVER EXCAVATION LICENSE I A License is hereby issued by the City of Elk River (hereinafter referred to as the "City"), pursuant to Section 42-31 of the City Code (hereinafter referred to as the "Mineral EXcavation Ordinance"), to: Steininger Coinpany 3080 Lexington Ave S. Eagan, MN 55121 (hereinafter referred to as the "Licensee") for excavation operations upon the following described property (hereinafter referred to as the "Property"). Acres Active or Acres approved, but Acres to be Parcel ID# Unreclaimed not being mined. reclaimed this year 75-103-1101 8 36 44 75-103-0105 0 17 17 Total Acres 8 53 61 THIS LICENSE IS ISSUED SUBJECT TO THE FOLLOWING CONDITIONS: L GENERAL CONDITIONS A. Mineral Excavation Ordinance. Licensee shall comply in all respects with the Mineral Excavation Ordinance, including the STANDARDS set forth in Section 42- 71 thereof, and any amendments to the Mineral Excavation Ordinance duly adopted by the City Council. A copy of the current Mineral Excavation Ordinance is available upon request. B. Additional A�provals. This license is subj ect to the approval of appropriate permits by other governinental agencies, including the Minnesota Pollution Control Agency, and to License 's compliance with all other applicable requirements of City Code, state law, and state regulations. This license does not authorize excavation at locations for which land use approvals required by the City Code have not been obtained. C. Violations. Operator shall orally notify the City of any violations of this License within 24-hours and follow this with notification in writing within four working days of the violation. Any violation of the tenns and conditions of this License shall also be considered a violation of Section 42-31 of the City Code. D. Excavation Operations. Excavation operations shall comply in all respects with the Mineral Excavation Ordinance and shall also comply with and be consistent with the operations described in the application for this License, which application is hereby incorporated by reference in this License. No change in excavation operations from those described in the application for this License shall be Excavation License Page 2 implemented unless approved by the City pursuant to the procedure for issuance of this Excavation License. E. Area to be Mined. Excavation operations shall be conducted within the confines of the excavation site described in the application for this License. No expansion beyond the eXcavation site identified in the application for this License shall be made unless approved by the City pursuant to the procedure for issuance of this EXcavation License. F. Reports to the CitX. Licensee shall submit annually in writing to the City Council the estimated quantity of minerals to be excavated. If the quantity of minerals to be excavated is for any reason likely to exceed the original estimate Licensee shall immediately notify the City Environmental Administrator in writing of the change in estimated quantity. IL SPECIFIC CONDITIONS A. Haul Roads. Material removed from the excavation site shall be transported within the City exclusively upon the following Haul Roads: Gravel shall be hauled via Baldwin St. NW to Highway 169. Transportation of materials upon these Haul Roads shall not commence until the City Environmental Administrator certifies to the City Council that all upgrading and repairing required by the City Council as a condition to the granting of this License, if any, has been completed. It shall be the responsibility of the Licensee to maintain the Haul Roads during the period of this License and to make any necessary repairs to the Haul Roads due to abnormal wear from Licensee's operation as required by the City Environmental Administrator. B. Zoning Ordinance. The issuance of this License and the authority to conduct mineral excavation operations in the City of Elk River pursuant to this License is specifically conditioned on Licensee applying with the City for the necessary land use approvals to bring the property into compliance with Section 900 of the City Code, the City Zoning Ordinance. Failure to apply far the necessary zoning approvals and to supply the required application materials within 90 days of being directed by the City to do so shall constitute grounds for suspension, revocation, or non-renewal of this License. IIL ADDITIONAL CONDITIONS A. Additional Conditions. In addition to the conditions set forth above, Licensee shall comply with such other requirements and conditions as the City Council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare, or in a Conditional Use Permit issued by the City for the operation. Excavation License Page 3 B. Gravel Area Studv and Plan. Licensee shall also comply with such additional conditions as are necessary to bring the eXcavation operations authorized by this License and the Property into compliance with the findings and conclusions of the gravel area study and plan to be implemented by the City. IV. EXPIRATION AND RENEWAL This Excavation License shall eXpire on July 1, 2024, as provided by Section 42-56 of the City Code. Application for renewal of this License may be made to the City Council in the form required by the Mineral Excavation Ordinance. Issuance of this License does not guarantee renewal or eXtension thereo£ Renewal or extension of this License shall be at the sole discretion of the City council upon its review of the application for renewal. V. EXCAVATION LICENSEFEE Licensee shall promptly pay the License Application Fee and annual license fees required by Section 42-54 of the City Code, in the amount of �425.00. This license fee is not in lieu of the gravel tax collected by the county, a portion of which the City receives. VL COSTS Licensee shall reimburse the City for all costs incurred in the approval, administration, and enforcement of this License, including consultant and attorney's fees. VIL SUSPENSION OR REVOCATION The City Council may suspend or revoke this License pursuant to the procedures and standards set forth in Section 42-31 of the City Code. VIIL INDEMNIFICATION OF CITY Licensee shall defend and hold the City, its officers, and employees harmless from all claims made by third parties for damages sustained or costs incurred resulting from excavation operations or other activities on the Property. IX. SURETY BOND This License is not effective until the Licensee has posted a surety bond with a surety acceptable to the City, or a cash escrow, in the sum of $N/ A. This amount shall be conditioned to pay the City the extraordinary cost and expense of repairing, from time to time, any highways, streets, or other public ways where such repair work is made necessary by the special burden resulting from hauling and travel removing material from any pit or excavation of Licensee and conducting this year's required Excavation License Page 4 rehabilitation as per the yearly reclaination plan. This amount shall be conditioned further upon Licensee's compliance with all the requireinents of the Mineral Excavation Ordinance and of this License and to pay any eXpense the Ciry inay incur by reason of doing anything required to be done by the Licensee. The bond or cash escrow shall remain in full force and effect for a ininiinum period of one (1) year after eXpiration of this License to guarantee the required rehabilitation as well as the other requirements herein provided. 6202023 Suzanne M. Fischer Dated Environmental Services/Special Projects Director 620.2023 Mayor John Dietz Dated City of Elk River Mayor