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<br /> <br />(1)This Conditional Use Permit authorizes mineral excavation (gravel) from the <br />Property. <br /> <br /> <br />(2)All mineral excavation and processing operations on the property shall <br />comply with the City 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 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 Citapproval of the Conditional <br />Use Permit. The Operators application materials dated December 21, 2016, is <br />hereby incorporated by reference in this Agreement. <br /> <br /> <br />(3)Setbacks of 50 feet from Baldwin Ave and the northern property line shall be <br />maintained. Setbacks of 30 feet from US Hwy 169 shall be maintained. <br />Setback of 30 feet from the southern property line, unless mining <br />collaboration agreement across property lines is confirmed. No mining <br />activity shall be permitted within the setback area without staff approval. <br /> <br /> <br />(4)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 /> <br /> st <br />(5)The license shall be renewed annually and shall run from June 1through <br />st <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 /> <br /> <br />(6)If the proposed site improvements described in the application and CUP <br />have not been substantially completed within two years of the CUP date of <br />approval, the permit shall expire and become void. <br /> <br /> <br />(7)The applicant shall be responsible for the cost and construction of necessary <br />and reasonable road improvements related to the project, as deemed <br />necessary by the City, Sherburne County or MnDOT. The city reserves the <br />right to require the applicant to pay for road maintenance of haul routes. <br /> <br /> <br />(8)The CUP shall expire if the authorized use ceases for more than six months. <br />Failure to obtain an annual license will be evidence of cessation of use. <br /> <br /> <br />(9)Violations of this Conditional Use Permit may result in suspension or <br />revocation. <br />