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Planning Commission Minutes Page 6 January 14,2014 characteristics of the wetland will be changed resulting in a change in the related • biological conditions. These potential impacts to the wetland must be addressed in accordance with the Minnesota Wetland Conservation Act (WCA). 14. Hours of operation shall be allowed to be seven (7) days a week,24 hours a day. Motion carried 7-0. 4.6 Request by Tiller Corporation for Conditional Use Permit for Mineral Excavation and Hot-Mix Plant, Case No. CU 14-03 — Public Hearing The staff report was presented by Chris Leeseberg. Mr. Leeseberg stated that the applicant seeks to amend their existing Conditional Use Permit to expand mining to include an additional 13.65 acres. Staff recommended approval of the-request with the 8 conditions listed in the report. Commissioner Chad Westberg asked if the city or state monitors noise mitigation. Mr. Leeseberg stated that the city does have an ordinance to address this,but also the Minnesota Pollution Control Agency. Commissioner Westberg noted that there is not a lot of space between the mining operation and the-closest neighbor. Commissioner Mark Konietzko asked for clarification on mining down to the groundwater level. Mr. Leeseberg stated that this issue is addressed in the conditions,which are from the city's consultant. Chair Anderson stated that the groundwater could become polluted very quickly if there were a chemical or fuel leak. • Chair Anderson asked if the conditions would need to be modified for the slope and zero lot line,as was done in C.S. McCrossan's conditions. Mr. Leeseberg stated that those changes will be made in in Condition 3.h. and 5. Chair Anderson opened the public hearing. Kristina Morrison,Land Use and Permitting Coordinator,Tiller Corporation (applicant) — Reviewed Tiller's request amendments to their existing conditional use permit— 1) expand mining limits to include additional 13.65 acre parcel to the south (Horvath property);2) revise the elevations to allow them to mine an additional 5 feet to the top of the groundwater table; 3) revise the hours of operation of the hot mix plant to 24 hours a day, seven days a week;4) revision the reclamation grades to accommodate the future 221st Avenue alignment and construction of a grade-separated interchange, and accommodate the McCrossan's proposed grade;and 5) to document that the northern portion of the permitted area has been sold to Elk River Landfill and the subsequent adjustment of reclamation grades to conform to that sale. Ms. Morrison reviewed Tiller's responses to the comments from the city's consultant,Matt Ledvina. Commissioner Mark Konietzko asked for clarification on mining down to the groundwater level. Ms. Morrison explained what this means and what protection measures in place. She noted that in the 7 years of groundwater monitoring there has been no detection of • petroleum products.