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conditions. These potential impacts to the wetland must be addressed in accordance <br /> with the Minnesota Wetland Conservation Act(WCA). <br /> m) The applicant shall be responsible for the cost and construction of all road <br /> improvements, including turn lanes, as required by the Township, Sherburne County <br /> or MnDot. The city reserves the right to require the applicant to pay for road <br /> maintenance of haul routes. <br /> n) Dust control is required for all roads and within the site,when it is determined that <br /> dust is creating a public nuisance or otherwise adversely affecting adjacent <br /> properties. <br /> o) All activities on the site shall be conducted in a manner that is consistent with <br /> operating permits issued by the city,county, state, federal and other agencies. A <br /> copy of any and all permits related to the operation of the site shall be submitted to <br /> the city for their reference. <br /> p) Vehicles and equipment not in operable condition or materials not associated with <br /> the mineral extraction/excavation activity shall not be kept or stored at the site. <br /> q) The site shall be mowed or maintained to control noxious weeds and other <br /> vegetation. <br /> 4. Approval of this Conditional Use Permit shall expire if activity has not commenced <br /> within 2 years of the date of approval, or if the uses ceases for a period of 6 months or <br /> longer. Failure to obtain an annual license will be evidence of cessation of use. <br /> 5. Setbacks of 35 feet from north and south property lines, and 20 feet from east and west <br /> property line shall be maintained. No mining activity shall be permitted within the <br /> setback area without staff approval. <br /> 6. The need of buffering and or screening in light of surrounding land uses shall be <br /> evaluated at the time of annual license renewal and shall be installed when directed by <br /> the city to protect surrounding land uses. <br /> 7. Wash operations shall not be permitted unless a plan for protecting ground water and <br /> surrounding environment is approved by the city's environmental consultant. <br /> 8. Hours of operation shall be allowed to be seven (7) days a week, 24 hours a day. <br /> Background/Discussion <br /> The applicant is seeking an amendment to their existing Conditional Use Permit (CUP) which was <br /> originally issued in 1997 (CU 97-19). Since then, two amendments have been approved, one in 2001 (CU <br /> 01-20) to allow mining south of 221St Avenue and one in 2011 (CU 11-13) to allow mining within the 200 <br /> foot setback along the Elk River landfill. The original CUP allowed mining operations and a hot mix <br /> plant north of 221", and restricted the hours, among other conditions. <br /> The applicant currently wants to expand their mining limits to include an additional 13.65± acre parcel of <br /> property located south of the existing permitted properties (PID 75-110-2101). <br /> N:\Departments\Community Development\Planning\Case Files\CUP\CU 1403 Tiller Corp\CU 1403 sr Tiller 1-14-14.docx <br />