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water truck on site at all times when mining activities are taking place. The <br />attached conditional use permit also prohibits the use of calcium to hold dust <br />down due to concern about it running off into adjacent wetlands and altering their <br />pH. <br /> <br />4. Hours of operation <br />The petitioner is proposing excavation and associated activities only during the <br />normal hours of operation allowed by the city's ordinance (7 a.m. to 7 p.m., <br />Monday through Saturday). This should reduce the potential for things like glare <br />and noise (back-up alarms at night) from being an unreasonable annoyance to <br />adjacent properties. However, the language in the attached CUP allows flexibility <br />for dealing with these issues, if they become problems down the road. <br /> <br />5. Fencing <br />Staff is recommending fencing to provide a clear visual warning be erected <br />around all excavation areas and that this fencing is not removed until an area is <br />properly sloped. <br /> <br />6. Ground Water Protection <br />The bottom of the proposed excavation on the site is an average of 40 feet above <br />ground water, lessening concerns regarding contamination. Except for minor <br />repairs, the petitioner has stated that maintenance of his equipment will be done at <br />an indoor shop (with a hard surface floor) at the Elk River Bituminous site. In <br />addition to a Storm Water Pollution Prevention Plan required by the state, staff <br />recommends a Spill Prevention and Counter Control Plan be required. This latter <br />plan is an aid to the Fire Department incase they have to respond to an incident at <br />the site. It identifies such things as the location, amount and type of flammable or <br />hazardous materials at the site and spells out a protocol for dealing with different <br />contingencies. <br /> <br />7. Storm Water and Wetlands <br />None of the seven wetlands on the site are proposed to be altered due to the <br />request for mineral excavation. Staff recommends a fifty-foot setback is <br />maintained from wetlands to mining activity and that they are protected with silt <br />fencing. As previously mentioned, staff recommends that calcium not be used to <br />control dust on the site so it doesn't run into the wetlands, altering their pH. <br /> <br />In addition, staff recommends all drainage from the excavated areas be directed <br />through temporary sedimentation ponds prior to discharge off-site or to wetlands. <br />The petitioner will be required to construct the sedimentation ponds in a way that <br />does not deny any natural wetlands hydrology, consequently drying them up. <br />Prior to operations commencing, the petitioner is required to obtain a National <br />Point Discharge Elimination System Permit, which also deals with the issues <br />listed above. Staff is to be in receipt of a final wetland delineation and storm <br />water plan prior to Monday night and will update the Council as to their adequacy <br />at the meeting. <br /> <br /> <br />