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AMENDED CONDITIONAL USE PERMIT NO. 87-10 For United Power Association Waste Burning Facility This Amended Conditional Use Permit No. 87-10 was approved by the City Council of the City of Elk River on February 9, 1987, and amended by the City of Elk River on December 17, 1990, January 27, 1992, January 18, 1994, and January 15, 1996, subject to the following terms: 1. This Amended Conditional Use Permit No. 87-10 (the Permit) is for the construction and operation, on the property identified in Exhibit A attached hereto, of the United Power Association Waste Burning Facility as described in the Draft and Final Environmental Impact Statements for the Anoka County Refuse Derived Fuel Resource Recovery Facility dated April 1986 and July 1986; and as described in the Combined Air and Solid Waste Permit No. 147A-86-OT-1 for an Air Emission Facility, Air Pollution Control Equipment and Solid Waste Processing System and Permit for the construction and operation of a Waste Processing Facility and System, No. SW-305, issued by the Minnesota Pollution Control Agency (MPCA); and as described in (1) "Response to RDF Information Sheet Issued by the Concerned Citizens Against the Proposed Garbage Project," transmitted to the City by correspondence dated July 24, 1986; and (2) "Responses to the City of Elk 411 River Concerns" transmitted to Mayor Richard Hinkle on August 19, 1986; and (3) correspondence from permittee to Mayor Richard Hinkle dated October 13, 1986; and as described in the application of United Power Association (Permittee) for a Solid Waste Facility License to permit the operation of a Waste Burning Facility (the Facility); and in the November 30, 1989, November 13, 1991, and November 30, 1993, application of Permittee for renewal of the Solid Waste Facility License for the Facility; and as further described in correspondence from Permittee to the City's consultant, John Klovning of Cedar Corporation, dated January 23, 1987, and in correspondence from Permittee to the City dated March 22, 1990, July 6, 1990, and November 20, 1991; all of which have been provided to the City in support of the application for this Conditional Use Permit and collectively describe the Waste Burning Facility authorized by this Permit. Construction or operation in violation of any of the material statements of fact, factual information, or representations in the referenced documents shall be deemed to be a violation of this Permit and all such documents are considered to be and are hereby made a part of this Permit. 2. Building construction, driveways, parking, grading, utilities, surface water management, erosion control, landscaping, fencing, and screening for the Facility shall be provided substantially in accordance with the plans submitted • by the Permittee and hereby made a part of this Permit.