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BRIGGS AND M O R G A (V <br />Elk River City Council <br />June 1 1, 2010 <br />Page 4 <br />years before Tiller's existing earthen berm with trees could be rendered obsolete in <br />"approximately the year 2070." <br />The only conceivable disruption of this "sixty year" no material visual impact from this <br />view shed is, as Flanning Commissioner Anderson speculated, MnDOT's construction of a new <br />interchange at TH 169 and 221st Avenue. But there is no record evidence to support that this <br />speculative construction project will occur any time before ERL's "new berm and screen" would <br />be complete and mature. In fact, the information on MnDOT's website shows exactly the <br />opposite. In MnDOT's April 2002 Highway 101/169 Corridor Management Plan at Vl, the <br />"[n]ew interchange at 221st Ave" is identified as a "Priority D" project, which means it is not <br />even scheduled until "[b]eyond 2025." Ex. 190. Even if the prospective interchange were <br />constructed, at the absolute earliest, in 2030, ERL's "new berm and screen" would already be <br />fully in place and effective. <br />Between the mining operator (i. e., Tiller} and the landowner (i.e., ERL), there are <br />arguably no two Minnesota companies better able to effectively address City Planning <br />Commission's stated concern with the requested mining CUP expansion -that is, with <br />screening the view shed looking north from 221st Avenue. Tiller and ERL stand ready to <br />address this and any other concern raised with the mining expansion. But they simply cannot <br />legally or practically be asked to address that which City has yet to substantiate. <br />In malting its decision, City Council is hereby notified that ERL and Tiller submit by <br />reference thereto into this administrative record all of the correspondence, applications, exhibits <br />and briefs filed by ERL relating to ERL I, ERL II, and ERL III, as well as any and all City records <br />regarding the same. <br />Since 1y, <br />Y. err <br />JYP <br />Attachments <br />cc: B. Jeffry (via email) <br />M. Ayers (via email) <br />D. Walters (via email) <br />S. Stolz (via email) <br />J. Asmus (via email) <br />2563868v5 <br />