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The CUP and License both incorporate operating plans of the MPCA Permit. <br />Our interpretation of this provision is that the CUP and license authorize the <br />Landfill to be conducted according to plans approved by MPCA without the <br />need for further approval by the City each time MPCA makes a modification <br />to its permit. Nevertheless, the City has requested ERLobtain approval from <br />the City for the development. The MPCA Permit, when it is reissued, will <br />authorize construction of Cells 12 and 13 immediately. Cells 12 and 13 are <br />part of the natural progression of the development of the Landfill as <br />contemplated when the City's approvals were first granted in 1988. <br /> <br />ERL has requested that MPCA review and approve a plan for increasing side <br />slopes at the Landfill from 20 percent grades to 33 percent grades, in order <br />to accommodate the original permitted capacity for the facility. By <br />compromise with MPCA staff, waste deposit dimensions at the Landfill will <br />not be increased, rather the difference between the original capacity and the <br />capacity which can be currently developed will be banked for future <br />consideration. Accordingly, the Landfill height will not be increased beyond <br />that which ERL contemplated in its original development plan. The maximum <br />height at the Landfill will be 1170 feet which is the maximum height that <br />would be able to be effectively utilized at the 20% side slopes. City staff <br />has raised concerns about the final elevation of the Landfill. We are prepared <br />to address those concerns now or at such time as filling dictates the need to <br />address final elevation issues. ERL is confident it can demonstrate there .are <br />no health, safety and welfare issues presented by developing the Landfill to <br />its full capacity reaching the 1170 elevation and that this elevation is <br />consistent with original development plans. We are, however, prepared to <br />discuss alternative development plans if the City so chooses. <br /> <br />We enclose the following plans: <br /> <br />· Long-Term Development Plan (18 sets) <br />· Map of Site location (18 sets) <br />· Map of Operations at the site (18 sets) <br />· List of adjacent land owners (1 set) <br /> <br />Please schedule this matter for appropriate City review at your earliest <br />convenience. We understand the next Planning Commission meeting is April <br />22, 1997 and the subsequent City Council meeting is May 19, 1997. In <br />order to meet our construction schedule we respectfully request to be placed <br /> <br /> <br />