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2.) Warranty of Operator- Operator hereby warrants and represents to the City, <br /> as inducement to the City's entering into this agreement, that the Operator is the fee owner <br /> of the subject property or has a valid lease for the operation and the fee owner of the subject <br /> 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 four (4) <br /> working days of the violation. The Operator shall notify the City annually in <br /> writing of the total area and amount of material mined and projected <br /> estimates of area and amount of material to be mined in the following year. <br /> This is to be done at time of license renewal. <br /> (04) The license shall be renewed annually and shall run from June 1" through <br /> May 31". The annual license fee is that which is specified by the Elk River <br /> City Council at time of renewal. This license fee is not in lieu of gravel tax <br /> collected by the County, 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 Building and Environmental Administrator and/or his/her agents <br /> 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 /> a. Reclamation shall be implemented on an annual basis pursuant to the <br /> reclamation plans submitted by the Operator. <br />