5.2.-5.4. PCSR 09-13-2011 - Laserfiche WebLink

Home Browse Search

Rebecca Haug City of Elk River August 18, 2011 Page 3 Response: ERL is in compliance with NSPS requirements for surface emissions monitoring. Areas to be traversed on a landfill safely by a technician have been the topic of many discussions. The ERL is committed to including additional areas as they deem can be accessed in a safe method. ERL will evaluate the patterns traversed and encourage the route to include all safe areas at the time of surface emissions monitoring. Policv Issues: 6. Legal Description The City Engineer has reviewed the legal description provided with your application and determined that it describes an area to be reguided and rezoned at 32.76 acres. As you know, the June Settlement Agreement ("Agreement') provides for reguiding and rezoning of an area not to exceed 31,8 acres. Accordingly, the City Engineer corrected the legal description submitted as shown on the attachment to this letter. The corrected description describes the 31.8 acre area south of the existing southerly landfill boundary. This will be the legal description of the property to be reguided to Landfill and zoned into the SWF -Solid Waste Facility Overlay district. The City Engineer has prepared a separate legal description for the amended conditional use permit and license. This description will include all of the land between the Railroad Trail and Highway 169 from the northern city limits to the southern edge of the area to be reguided and rezoned. Response: The Settlement Agreement between the City of Elk River and the Elk River Landfill, dated May 25, 2011 (Agreement) specifies three criteria to be used to define legal property descriptions for the facility. These criteria are: 1) 27.2- acre landfill design footprint, 2) a 200 foot buffer, 3) and a reguided and rezoned overlay district of no more than 31.8 acres. Since the description provided by the City Engineer does not satisfy all three criteria as it would require a reduction to either the 27.2 acre footprint or the 200 foot buffer, which is not in compliance with the Agreement, subsequent meetings and discussions with the City of Elk River staff and council members indicated that they would be willing to accept the 33 acre parcel description provided in the June 27, 2011 Application to the City, as long as it is clear that there will be no landfilling activities conducted in each of the two southernmost corners (i.e., 0.6 acres each) of that 33-acre area. The revised plan sheets indicate the reguided and rezoned property of 33 acres well as the proposed "buffer area" curved line of 31.8 acres. 7. The plans confirm that berming and screening will be provided along Highway 169, 221 sc and the City s trail. To serve its intended purpose and to fully mitigate the adverse effects on the City of the landfill and its expansion, this berming and screening must be in place prior to removal of any vegetation from the existing 200' buffer. Response: The berms will be enhanced per the Agreement with "vegetation and a variety of types of trees." Although the removal of vegetation for excavation in the area of the existing 200' buffer needs to occur simultaneously with berm enhancement and cell construction, this will not occur until the berm along 221St St has been constructed. As each cell is constructed the east and west berms and vegetation will be established. The berms and vegetation along the southern section of the expansion would occur with-the last cell construction. The sequence of incremental berm construction as each cell is excavated requires a removal of existing trees and only as needed thus preserving the existing vegetation as long as T:\0742\1406Uunel ICityApp\Comment response\Response_081811\LRH_080411MtgRespouse_081811.docx