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Issues: <br /> Traffic - The gravel mined from the site is currently delivered to the Elk River <br /> Bituminous site via an easement across private property owned by Aggregate <br /> Industries. Traffic from the new area(Phase 4)will be accommodated the same way. <br /> Section 10 of the attached CUP has additional stipulations on traffic. <br /> Groundwater - Mining into the groundwater raises additional concerns. Matt <br /> Ledvina, City Environmental Consultant, addresses these concerns in his attached <br /> letter. <br /> Environmental Spill Plan <br /> The petitioner's Environmental Spill Plan will be revised to address Mr.Ledvina's <br /> issues, e.g. identifying refueling locations. <br /> Ground Water Monitoring Plan <br /> The Ground Water Monitoring Plan will be revised to include monitoring for pH, <br /> temperature and conductivity as well as Diesel Range Organics. Staff does disagree <br /> with Mr. Ledvina regarding monitoring all three wells at the site, however. Staff <br /> recommends that only the down gradient well located in the southeast corner on the <br /> site be monitored(MW 1). Incidents of contamination will be known. Section 17 of <br /> the attached CUP has a condition that allows additional wells and additional testing <br /> events, if needed. <br /> National Pollutant Discharge Elimination System (NPDES) <br /> The existing NPDES permit for the operation that has been revised and approved by <br /> the Minnesota Pollution Control Agency,which includes an updated Storm Water <br /> Pollution Prevention Plan(SWPPP)that reflects the proposed Phase 4 mining area. <br /> Wetlands-The Technical Evaluation Panel,charged with reviewing wetland issues <br /> for compliance with the Wetland Conservation Act is recommending approval of <br /> both the wetland impacts and wetland mitigation for the operation. Section 9d of <br /> the attached CUP requires monitoring of the wetland mitigation, which is to be <br /> secured by a letter of credit. A dollar figure to cover the restoration has yet to be <br /> determined. <br /> The proposed wetland restoration plan is based on the premise that the groundwater <br /> level incurred is not a perch water table.If information to the contrary is discovered, <br /> the Operation shall cease until new mining and restoration plans are submitted and <br /> approved by the City. <br /> Setbacks-Normal setbacks for a mining operation in the City of Elk River are 50 <br /> feet, but they can be increased if the pit is adjacent to a sensitive land use or reduced <br /> if adjacent to another mining operation. The new area proposed to be mined,Phase <br /> 4,is bordered on the north by Ernie Toth's property,which is currently being mined <br /> by Bauerly Bros. Staff is recommending the petitioner is allowed to mine to the <br /> property line and that this area is restored to 4 to 1 slopes. It may be a long time <br /> ' before the Toth's property is mined or it may never be mined. Either way the 4 to 1 <br /> slopes suffice. To the south and east, Phase 4 will tie into the proposed J & B <br />