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6.1. SR 09-18-2006 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date Plannin Se tember 18, 2006 Item Description Request by Bauerly Bros., Inc to Amend CUP for Gravel Minin and Hot-Mix As halt HMA Plant P.H. CU 06-20 Item Number 6.1. Prepared by Rebecca Hau , Environmental Admin Reviewed by Introduction Bauerly Bros., Inc. is requesting an amendment to their Conditional Use Permit to operate a Hot Mix Asphalt plant and trucking operation on the Ernest Toth site for construction of state, county, township and local roadways. The site was included in the City of Elk River's 1994 Environmental Impact Statement (EIS) on Mineral Excavation. Discussion Please see attached staff memo dated September 18,2006. Attachments ~ A revised Conditional Use Permit (CUP) ~ Applicants application for an amendment to their existing CUP ~ Letter from Terry Maurer, City Engineer ~ Property boundary map Action Requested Staff is recommending approval of this request under the conditions contained in the attached conditional use permit. Representatives from Bauerly Bros., Inc. are in agreement with the conditions and will be present to address any questions. Council Action Motion by _ Second by _ Vote Follow Up C\Documents and Settings\tallard\Local Settings \ Temporary Internet Files\OLKF\REQUEST COUNCIL ACTION.doc MEMORANDUM TO: Mayor and City Council FROM: Rebecca Haug, Environmental Administrator DATE: September 18, 2006 SUBJECT: Amended Conditional Use Permit for Mineral Excavation/Hot Mix Asphalt Plant by Bauerly Bros., Inc./ P.H. CU 06-20 At the August 8, 2006 Planning Commission meeting, the request by Bauerly Bros., Inc. to operate a Hot Mix Asphalt (HMA) plant and trucking operation on the Ernest Toth site for construction of state, county, township and local roadways was tabled pending further information. At the September 14, 2006 Planning Commission a recommendation to approve the request was made. The Planning Commission's recommendation to approve was based on information staff provided after working with Bauerly Bros., Inc. on the issues raised at the August 8th meeting. Those issues are as follows: Traffic level: Staff has added language to the CUP which allows for up to 35 trucks a day unless prior approval is given by the Environmental Administrator for special cases. Traffic: Staff is requiring Bauerly Bros., Inc. to work with MnDOT to determine if any improvements to the highway intersection are required. From the attached memo by Terry Maurer, City Engineer, acceleration lanes would be advisable. The Planning Commission recommends adding language requiring the applicant to work with both MnDOT and the City of Elk River to determine if any improvements to the highway intersection are required. Dust: The applicant is willing to pave a minimum of 100 feet from 225th Ave NW into the pit to reduce dust. Odor: Staff has added language to the CUP to address odor: . Odor from the hot-mix operation must be controlled. The City recognizes that from time to time odor emissions from the hot-mix asphalt operation will occur, however, if weather conditions make odor noticeable, the operator shall take the appropriate measures to reduce odor. If odor problems can not be resolved by the Operator within 24 hours, the City reserves the right to take appropriate measures to alleviate the problem, including temporary cessation of operations. Interim (IUP) v Conditional use (CUP): After speaking with the City Attorney, his recommendation is that the City should not change a CUP to a IUP by adding a condition that imposes a sunset event. However, the Attorney felt it appropriate to add conditions that were tied to other activities or events. The Planning Commission recommends adding language stating the HMA is authorized as long as annually 25% of asphalt product is derived from the gravel operation. This will be monitored through the annual gravel license. Hours of operation: Staff is proposing to require the applicant's hours be set to the normal hours of 7:00 a.m. to 7:00 p.m., Monday through Saturday, except the hours for the HMA can be extended by the Environmental Administrator for special cases. Plant location: Staff has worked with the applicant on defining the location of the plant for the CUP. Any relocation will require an amendment. Recommendation: Staff is recommending approval of this request under the conditions contained in the attached conditional use permit. Representatives from Bauerly Bros., Inc. are in agreement with these conditions and will be present. CITY OF ELK RIVER AGREEMENT FOR ISSUANCE OF AMENDED CONDITIONAL USE PERMIT NO. 97-02 FOR MINERAL EXCAVATION This Conditional Use Permit No. 97-02 was approved by the City Council of the City of Elk River on June 23,1997, and amended by the City of Elk River on December 13, 2005 and this _ day of , 2006, 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 (W Y2 of SE ~), east Y2 of the southeast ~ of the southeast ~ (E Y2 of SE ~ of SE ~), all in Section 3, Township 33, Range 26, Sherburne County, Minnesota. And the west half of the south half of the southwest Quarter (W Y2 of S Y2 of SW ~ ). 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, on this _ day of , 2006 an amended conditional use permit for the operation of a gravel mining operation (the Operation) on the Property, subject to certain conditions, including that Operator enter into a conditional use permit Page 2 agreement with City so as to fully comply with the City's Mineral Excavation, Zoning, and other applicable ordinances; and WHEREAS, the City's Zoning Ordinance requires that a conditional use permit be issued and that a conditional use permit agreement for mineral excavation be entered into. NOW, THEREFORE, in consideration of the premises and the mutual promises and conditions hereinafter contained, it is hereby agreed as follows: 1.) Entire Agreement - Except as otherwise provided herein, this Agreement shall constitute the Conditional Use Permit for the Property and, to be executed by City and Operator, shall govern the parties' rights, responsibilities, and obligations with respect to the operation, subject to the compliance by all parties with applicable city ordinances and state and federal laws. 2.) Warranty of Operator- Operator hereby warrants and represents to the City, as inducement to the City's entering into this agreement, that the Operator is the fee owner of the subject property or has a valid lease for the operation and the fee owner of the subject property shall also enter into this agreement. 3.) Operation: Conditions- The following general conditions shall apply to the (01) This Conditional Use Permit authorizes mineral excavation (gravel) from the Property. The operation of a hot-mix asphalt plant is also authorized as long as annually 25% of asphalt product is derived from the gravel operation. [As an alternative to the above condition, the applicant suggested a 15 year sunset provision for the asphalt manufacturing.l (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. c:\documents and settings\tallard\local settings\temporary internet files\olkf\gravcup-amend bauerly(2) (2).doc Page 3 (03) The Operator shall orally notify the City of any violations of this permit within 24 hours and follow this with notification in writing within four (4) working days of the violation. The Operator shall notify the City annually in writing of the total area and amount of material mined and projected estimates of area and amount of material to be mined in the following year. This is to be done at time of license renewal. (04) The license shall be renewed annually and shall run from June 1st through May 31st. The annual license fee is that which is specified by the Elk River City Council at time of renewal. This license fee is not in lieu of gravel tax collected by the County, a portion of which the City receives. (05) Violations of this Conditional Use Permit may result m suspension or revocation. (06) The City Environmental Administrator and/or his/her agents shall be permitted to inspect the Operation for compliance with the conditions of this permit during normal hours of operation. (07) The City's approval of this Conditional Use Permit is subject to the approval of appropriate permits by other governmental agencIes. (08) No explosives shall be allowed for this operation. (09) Reclamation 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 Environmental Administrator prior to issuance of the annual mineral excavation license. c. The reclamation shall include topsoil from the site being preserved and put back into place after mining. d. Revegetation of the property shall include seeding with a mixture approved by city staff accompanied by a nurse crop or approved mulch. The vegetation established for the reclamation must be maintained until it is self- sufficient. c:\documents and settings\tallard\local settings\temporary internet files\olkf\gravcup-amend bauerly(2) (2).doc Page 4 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. Additional measure as determined by city staff may be required. (10) Traffic a. Except for localized jobs, traffic through Elk River associated with the Operation shall be limited to U.S. Highway 10 and 169. The Operator will route traffic from the Operation to 225th Ave NW west to Highway 169 interchange as directed by the Minnesota Department of Transportation or the City of Elk River. b. The number of trucks per day is limited to 35 unless prior approval is given by the Environmental Administrator for special cases. c. As deemed necessary by the Minnesota Department of Transportation and the City of Elk River, any required improvements to the highway intersection must be constructed. (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. This permit and all other correspondence between the Operator and MPCA shall be copied to the City. b. All equipment shall be located as to reduce dust to adjacent properties. c. A water truck shall be on site at all times when mining activities are taking place to control dust as necessary. Chemicals shall not be use for dust control. d. A minimum of 100 feet must be paved from 225th Ave NW into the pit. e. 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. c:\documents and settings\tallard\local settings\temporary internet files\olkf\gravcup-amend bauerly(2) (2).doc Page 5 (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, except the hours for the hot-mix asphalt plant can be extended by the Environmental Administrator for special cases. (13) Noise a. As deemed necessary by city staff, noise from screening and crushing associated with this Operation shall be controlled by equipment location on site, the erection of sound barriers, the placement of stockpiles, and the type of equipment used. 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) Air Emissions a. The MPCA air emISSIOn permits for all equipment associated with the mining and hot-mix asphalt operations shall remain current. b. A maximum of 20% opacity is allowed for emissions from the hot-mix asphalt plant. (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 twenty-five (25) feet of a dwelling, or more than 0.5 foot candles on any part of the adjacent property. c: \documents and settings \tallard\local settings \temporary internet files \olkf\gravcup-amend bauerly(2) (2).doc Page 6 (16) The piling, storing, or keeping of old machinery, junk, debris, or abandoned motor vehicles, shall be prohibited on this site, with the exception that reusable parts may be stored on the mineral excavation site provided that it is in a location that cannot be viewed from adjacent properties or is totally screened. (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 Prevention and Counter Control Plan and a Storm Water Pollution Prevention Plan as may be required by other governmental entities. The Operator shall adhere to these plans in the event there is a spill. b. The Operator shall provide the Fire Department with a copy of their flammable or hazardous materials. c. Fuel tanks shall be above ground, properly diked (if required by law), and registered with MPCA. 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 four (4) working days. e. The appropriate storm water permits (NPDES) shall be obtained by the Operator from MPCA and copied to the City. f. Stockpiles of recycled asphalt must not be placed in surface water and run-off from these stockpiles shall be directed away from surface waters. Further, the size of the stock piles is limited to the amount of material that can be used in one year, but need not necessarily be used in one year and can be stored over winter. g. That the hot-mix asphalt operations take place a minimum of three (3) feet above the water table. Any deviation to this requirement will require an amendment to this permit. c:\documents and settings\tallard\local settings\temporary internet files\olkt\gravcup-amend bauerly(2) (2).doc Page 7 h. The wells located at the site shall be monitored once a year for diesel range organics (DRO). Mining activities shall not take place closer to ground water levels than indicated in the plans submitted without amending this conditional use permit; however, if mining is proposed to occur below the water table in the future, the above referenced wells shall be monitored for DRO prior to excavation activities commencing and after their cessation each year. Further, in the event of a spill, appropriate water tests (as determined by the city) will be taken until the spill is deemed clean by the city. 1. Except for minor repairs, maintenance of vehicles and equipment shall take place in the Operator's shop. The Operator shall have an approved hazardous waste license for this facility and properly dispose of all waste. J. A minimum of a two-celled system to recycle water from the wash operation shall be utilized. k. Water usage by mmmg activities shall not adversely affect adjacent wells. Mitigative measures may include, but are not limited to, curtailing of pumping activities until water levels return. (19) Signage Signage for the operation shall be that which is permitted for an industrial operation in a medium industrial zone, with the exception that billboards are not allowed. (20) Odor Odor from the hot-mix operation must be controlled. The City recognizes that from time to time odor emissions from the hot- mix asphalt operation will occur, however, if weather conditions make odor noticeable. the operator shall take measures to reduce odor. If odor problems can not be resolved by the Operator within 24 hours, the City reserves the right to take appropriate measures to alleviate the problem. including temporary cessation of operations. (21) Fencing c: \documents and settings \tallard\local settings \temporary internet files \olkf\gravcup-amend bauerly(2) (2).doc Page 8 The Operator shall fence the entire perimeter of the site with a four (4) foot high fence with support post every ten (10) feet. (22) Oakwilt Cutting of trees between April 15 and July 15 is prohibited. The Operator shall take other measures deemed appropriate by the Sherburne County Forester to control oakwilt, such as, but not limited to: debarking or destroying fallen diseased trees prior to April 15th, not leaving roots exposed and avoiding mechanical damage on remaining trees. (23) Berming The Operator shall erect berms adjacent to 225th Ave NW as required by the City of Elk River. (24) Other Permits The Operator shall obtain all state and federal permits appropriate to their operation and file copies of said permits with the City. 4.) General Provisions- (01) Permits- Operator agrees to comply with all of the provisions hereof and agrees to save and hold the City harmless from any and all claims or actions arising from the operations of the Operator on the Property. (02) Binding Effect- The terms and provisions hereof shall be binding upon, and inure to the benefit of the heirs, representatives, successors, and assigns of the parties hereto and shall be binding upon all 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. c:\documents and settings\tallard\local settings\temporary internet files\olkt\gravcup-amend bauerly(2) (2).doc Page 9 (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 A TTN: Environmental Adm. 13065 Orono Parkway Elk River, Minnesota 55330 If to the Operator at: Bauerly Bros., Inc. ATTN: Holly Brisk 4787 Shadow Wood Dr NE Sauk Rapids, Minnesota 56379 (06) Incorporation by Reference- All plans, special prOVISIOns, proposals and specifications, submitted pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as fully as if set forth herein in full. c:\documents and settings\tallard\local settings\temporary internet files\olkf\gravcup-amend bauerly(2) (2).doc Page 10 IN WITNESS WHEREOF, the City and Operator have caused this Agreement to be duly executed on the day and year first above written. CITY OF ELK RIVER OPERATOR/FEE OWNER: Bauerly Bros., Inc. By: Its: Mayor By: Its: By: Its: City Administrator STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ day of , 2006, by Stephanie A. Klinzing, the Mayor of THE CITY OF ELK RIVER, a Minnesota municipal corporation, on behalf of the corporation. Notary Public c:\documents and settings\tallard\local settings\temporary internet files\olkf\gravcup-amend bauerly(2) (2).doc Page 11 STATE OF MINNESOTA ss. COUNTY OF SHERBURNE The foregoing instrument was acknowledged before me this _ day of , 2006, by Lori Johnson, the City Administrator of THE CITY 0 F 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 , 2006, by , the of Bauerly Bros., Inc., a Minnesota corporation, on behalf of the corporation, fee owner of a portion of the subject property and Operator on the subject property. Notary Public This instrument was drafted by: City of Elk River Environmental Dept. 13065 Orono Parkway Elk River, MN 55330 c:\documents and settings\tallard\local settings\temporary internet files\olkf\gravcup-amend bauerly(2) (2).doc BETTER COMMUNITIES June 23, 2006 City of Elk River Rebecca Haug, Environmental Administrator 13065 Orono Parkway Elk River MN 55330 RE: Conditional Use Permit Application - Asphalt Operations Ernest Toth Property To Whom It May Concern: The purpose of this correspondence is to provide information to the City of Elk River for a Conditional Use Permit application for an asphalt plant and trucking operations on the Ernest Toth property. OWNER: Richard Toth (Ernest Toth) 22191 Highway 169 NW Elk River MN 55330 (763) 441-2508 APPLICANT: Bauerly Bros., Inc. 4787 Shadow Wood Drive NE Sauk Rapids, MN 56379 (320) 251-9472 LEGAL DESCRIPTION: See attached legal on site plan - Section 03, Township 33N, Range 26W, City of Elk River N Township, Sherburne County, Minnesota. PURPOSE: This application is for a Conditional Use Permit is to operate an asphalt plant and trucking operations on the Ernest Toth site for the construction of state, county, township and local roadways. 4787 Shadow Wood Dr. NE Sauk Rapids. MN 56379-9690 320.251.9472 Fax 320.251.0011 (e tz-~ J 00 The actual asphalt plant equipment covers an area approximately 200' x 300' in the proposed operation area. A layout of the asphalt plant equipment can be found on the site plan maps. We are requesting 24 hours during the construction season, and winter maintenance. Bauerly Bros., Inc. will meet all EPA noise level requirements during the time we are allowed to operate. Berms will be used to reduce the effects of any noise generated from our operations. Bauerly Bros., Inc. equipment has been tested and passed air emission standards that pertain to its location and its operations. We do not handle any hazardous waste at our asphalt plants. All our fuel tanks are either double-walled or placed with a landfill liner below them for spill containment. Our asphalt plants are equipped with bag houses for pollution control equipment. As stated by the MPCA, fabric filters are rated to be 99% efficient in their effectiveness to capture and control pollution. We operate under current MPCA Air Quality and Stormwater permits. Bauerly Brothers, Inc. holds a valid hot mix asphalt plant air emission permit. We will meet all EPA noise level requirements. Stockpiles will be placed to aid in the reduction of noise. The existing drainage pattern at this site will not change, drainage will occur on site. There will be no water leaving this site, changes in vegetation include the area to be graded slightly at the start of operations, to place equipment and stockpile storage areas. Overburden topsoil will be stored in berms surrounding the asphalt operations and serve as a screening barrier, as well as the stockpiles. Approximately 1.6 acres in size will be utilized for operations. There will be no impact on groundwater quality provided run-off is properly controlled. Our NPDES permit with the MPCA is to contain storm water and protect the groundwater on the site. Water drains vertically on site. Haul roads and pit entrances will be watered regularly to control air borne dust and if necessary calcium chloride will be used in accordance with MPCA regulations. 22Sth Avenue will serve as our access/haul route. Signs will be posted to indicate truck traffic/hauling. The parking area for employees is contained on the site. 4787 Shadow Wood Dr. NE Sauk Rapids, MN 56379-9690 320.251.9472 Fax 320.251.0011 OPERATIONS: The proposed project will consist of all equipment necessary to operate an asphalt plant. This will consist generally of a HMA drum for heating and drying aggregate and mixing aggregate with asphalt cement (AC), storage tanks for fuels, AC and HMA, aggregate operations, recycled asphalt operations and aggregate and recycle stockpiles. The HMA production site will be located on an existing gravel mining site. That site is active and has a current, valid conditional use permit. Bauerly Bros., Inc. is currently leasing the site. Aggregate for the production of HMA at the proposed HMA plant will come from both the on site gravel operation and off site sources, in order to meet current asphalt specifications. As stated above a HMA production site includes the storage and processing of aggregate material and AC. Aggregate is combined with AC to produce asphalt. Currently, the HMA plant is portable. It is a piece of equipment that enters and leaves the site on wheels. At this time, there will not be any permanent structures constructed. Portable temporary storage tanks are placed at the time of operations that contain diesel fuel for trucks and engines, fuel for the HMA plant burner (used oil and type 6 fuel oil) and A.C. Tanks meet MPCA requirements. The tanks will be either double walled or bermed with landfill liners below them. Existing bituminous asphalt removed from a road as part of a paving project and new shingle scraps from manufacturing are recycled. All recycled bituminous asphalt associated with a particular paving project is stored and processed on site as part of hot mix asphalt production. The recycling operation includes a conveyor, hopper, loader, grinder and the asphalt plant. Recycled bituminous asphalt can also be used as road base if there is more than can be used by a particular project. As noted above, some area will be leveled to allow placement of equipment. This will not be a significant change in existing topography. The site is currently being mined for sand and gravel. Because it is mined, the interior slopes change. The area has existing berms. Vegetation has been and is established on those berms and will not be disturbed. All drainage water will be contained on site. Slopes on existing berms are currently stabilized with vegetation. If berms were added (possibly for noise minimization) they would be sloped no greater then 3: 1 and planted with a pasture mix. Asphalt plant operations are placed a minimum of 3' above ground water, as recommended by the MPCA 4787 Shadow Wood Dr. NE Sauk Rapids. MN 56379-9690 320.251.9472 Fax 320.251.0011 Thank you for your review of this information. If you have any questions prior to the public hearing regarding these submittals, please contact me at (320) 529-4241 or Ron Klinker at (320) 529-2725. Sincerely, ~ &;..\.'O Holly Brisk Environmental Assistant Bauerly Bros., Inc. Enclosures 4787 Shadow Wood Dr. NE Sauk Rapids, MN 56379-9690 320.251.9472 Fax 320.251.0011 MEMORANDUM TO: Rebecca Haug, Environmental Administrator FROM: Terry Maurer, City Engineer DATE: September 6, 2006 SUBJECT: Bauerly Companies Gravel Mining Application I have contacted Craig Robinson, MnDOT Project Manager for TH 169 regarding improvements to the intersection of 225th Avenue and TH 169. He also talked to Mark Renn, Permitting Engineer, and they both agree that some type of acceleration lanes would be advisable where the Bauerly Companies' truck traffic will be entering onto TH 169. I would recommend adding a condition to their conditional use permit which states that they must work with MnDOT and construct any required improvements to the highway intersection to accommodate their anticipated truck traffic. They can contact Mark Renn in the St. Cloud MnDOT office at 320/223-6522 to discuss the specific improvements that MnDOT would be looking for at the highway intersection. If you have any questions regarding this issue, please contact me. C: \Documents and Settings \ tallard\Local Settings \ Temporary Internet Files \ OLKF\ 09 06 06 Engr's memo. doc (Xl',jOd _ 'wv ZO:U:6 900Z It '6Mp'deW lJO!lO>01\AI'Ol1E9 OZ-90 roldro\900Z\sal!,l asllJ INNY1d\:S f - ~ W :::l Z W > I <{ ~ I I f- m ('oJ ---.J ---.J ~, Rebecca l c '\\v,~ ~CJ~\ ct\\~(OG -r:r-'<. \v---. (a ,\ From: Sent: To: Subject: Sunday, September 17, 2006 8:14 PM mayorer@aol.com; iwgump@yahoo.com; Haug, Rebecca oppose further congestion on 225 9/17/2006 To Whom It May Concern: We were recently informed of a request by Bauerly Brothers, Inc. requesting permission to operate an asphalt and trucking operation that would increase the traffic on 225th street. I live on this road and do not desire further congestion on this road. This road, particularly the intersection of 225th and 169, is already very busy with semi and dump trucks. Will you please email me further information about this proposal? Is there an alternate route? Sincerely, Mr & Mrs Shaw Windows Live Spaces is here! It's easy to create your own personal Web site. http://spaces.live.com/signup.aspx 1