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➢ an Environmental Assessment Worksheet (EAW),comments received on the EAW <br /> and staff memo; <br /> ➢ staff memorandum on Wetland Conservation Act; and <br /> ➢ a proposed Conditional Use Permit (CUP). <br /> Issues: <br /> Traffic - The gravel mined from the site is proposed to be delivered to the Elk <br /> River Bituminous site via easements across private property owned by Schuer,Inc <br /> and Aggregate Industries. Peat will be hauled via easements to an existing access <br /> point for a Bauerly Bros. mining operation to 225`h Avenue and then west to <br /> Highway 169. The majority of the peat will be used as topsoil at the Elk River <br /> Landfill. 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 northeast 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 petitioner has applied to Minnesota Pollution Control Agency for a NPDES <br /> permit for the operation. Mr. Ledvina's comments regarding rip rap and a vegetative <br /> buffer at the outlet of the ditch on the property will be included as part of the Storm <br /> Water Pollution Prevention Plan(SWPPP) required by the city in Section 17 of the <br /> attached CUP. <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. The TEP's <br /> recommendation for approval included purchasing excess wetland credit from the <br /> Schuer site. Section 9d of the attached CUP requires monitoring of the wetland <br /> mitigation,which is to be secured by a letter of credit. A dollar figure to cover the <br /> restoration has yet to be 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 />