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2.) Warrant~of Operator- Operator hereby warrants and represents to the City, as <br />inducement to the City's entering into this agreement, that the Operator has a valid lease for the <br />Operation and the fee owner of the subject Property shall also enter into this agreement. <br />3.) Conditions- The following general conditions shall apply to the Operation: <br />(01) This Conditional Use Permit authorizes Mineral Excavation (gravel) from the <br />Property. <br />(02) All mineral excavation and processing Operations on the Property shall <br />comply with the City's mineral excavation, zoning and other applicable <br />ordinances; with the terms of this Conditional Use Permit agreement and the <br />License agreement to be executed by the City and Operator; with the City of <br />Elk River's Environmental Impact Statement on mineral excavation; and <br />with the application materials and plans submitted by the Operator, which <br />plans and materials are the basis for the City's approval of the Conditional <br />Use Permit. <br />(03) The Operator shall orally notify the City of any violations of this permit <br />within 24 hours and follow this with notification in writing within 4 working <br />days of the violation. The Operator shall notify the City annually in writing <br />of the total area and amount of material mined and projected estimates of <br />area and amount of material to be mined in the following year,. This is to be <br />done at time of License renewal. <br />(04) The License must be renewed annually and shall run from January 1 S` <br />through December 31". The annual License fee is that which is specified by <br />City Code at time of renewal. This License fee is not in lieu of gravel tax <br />collected by the County and a portion of which the City receives. <br />(05) Violations of this Conditional Use Permit may result in suspension or <br />revocation. <br />(06) The City Environmental Administrator and Building Official and/or his/her <br />agents shall be permitted to inspect the Operation for compliance with the <br />conditions of this permit during normal hours of Operation. <br />(07) The City's approval of this Conditional Use Permit is subject to the approval <br />of appropriate permits by other governmental agencies. <br />(08) No explosives shall be allowed for this Operation. <br />(09) Reclamation <br />Reclamation shall be consistent with Elk River Landfill's closure plan. In the <br />absence of a valid reclamation plan (closure plan) by Elk River Landfill on all <br />or part of the Property, the Operator shall submit said plan for approval by <br />the City. <br />Page 2 of 8 <br />