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<br />Issues: <br /> <br />Traffic - The gravel mined from the site is currendy 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 /> <br />Groundwater - Mining into the groundwater raises additional concerns. Matt <br />Ledvina, City Environmental Consultant, addresses these concerns in his attached <br />letter. <br /> <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 (MWl). 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 Eillnination 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 /> <br />Wetlands - The Technical Evaluation Panel, charged with reviewing wedand issues <br />for compliance with the Wedand Conservation Act (WCA) is recommending <br />approval of both the wedand impacts and wedand mitigation for the operation. <br />Section 9d of the attached CUP requires monitoring of the wedand mitigation, <br />which is to be secured by a letter of credit. The grading for the wedands will be <br />covered through the CUP for the mining, so the letter of credit will only need to <br />cover the other aspects of reclamation such as seeding. Staff recommends the letter <br />of credit be based on $2,500 per wedand acre. <br /> <br />The proposed wedand 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 /> <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 currendy 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 />