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• and approvals, and for all costs associated with implementing or complying with <br />all conditions imposed by the State, County or City. These costs shall include, <br />but not be limited to, the costs of designing, permitting, testing, constructing and <br />maintaining the improvements, upgrades or expansions to haul roads in <br />accordance with applicable state laws and the specifications of the agency with <br />jurisdiction. <br />(2) No extraction license or Conditional Use Permit for the extraction of <br />minerals shall be issued unless and until the applicant has demonstrated and the <br />City Council has found that the applicant has the right to use any private property <br />or private easements necessary to access a public right of way and that the <br />proposed use of private property or easements can and will be done in a manner <br />that is safe and in compliance with all environmental and other standards and <br />requirements. <br />(3) The City shall inspect the haul roads proposed to be used by the applicant <br />or owner and may require necessary upgrading or repairing of the haul roads prior <br />to their use by the applicant or owner. The extraction license and Conditional <br />Use Permit issued to the applicant shall designate the haul roads to be used and <br />the required upgrading or repairing. It shall be the responsibility of the applicant <br />or owner to maintain the haul roads in accordance with the provisions set forth in <br />the extraction license and conditional use permit. The City shall periodically <br />• inspect haul roads to ensure compliance with the extraction license and <br />conditional use permit. During the period of or upon completion of the extraction <br />operations, the applicant or owner shall make any necessary repairs to the haul <br />roads as required by the City. All costs of inspection provided for in this <br />subsection shall be borne by the applicant or owner. The use of the haul roads <br />shall be further subject to any road and weight restrictions imposed by the City. <br />Section 10. That this Ordinance shall take effect upon adoption and be <br />published as provided by law. <br />Section 11. That Interim Ordinance No. 10 -1, adopted by the Elk River City <br />Council on September 20, 2010, shall be terminated upon the effective date of this <br />Ordinance No. 10- . <br />• <br />