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• II. This License is issued subject to the requirements and conditions set forth below in • Section III, which are imposed for the purposes of: 1. Satisfying the standards set forth in the Elk River City Code of Ordinances, including Section 604 and Article IX thereof; 2. Promoting compatibility with and minimizing any potential adverse effects upon properties and neighborhoods adjacent to the Facility or within the City; 3. Protecting the public health, safety, and general welfare; 4. Avoiding traffic congestion or hazard; and 5. Preventing land, water, or air pollution. III. Requirements and Conditions: 1. Incorporation of Plans and Application Materials. Construction and operation of the Facility shall be in accordance with the plans and other materials submitted by Licensee to the City and the MPCA, including those identified above in Section I of this License, all of which are hereby made a part of this License. Construction or operation in violation of any of the material statements of fact, factual . information, or representations made by the Licensee to the City or MPCA shall be deemed to be a violation of this License. 2. Submission of Final Plans. Final plans and specifications for the Facility must be reviewed and approved by City staff and/or consultants prior to the issuance of a building permit for the Facility. 3. Incorporation of MPCA Permit. The terms and conditions of the MPCA Permit are specifically incorporated into this License and the Licensee shall comply with all such terms and conditions including, without limitation, the "Operating Conditions," "Special Operating Requirements," and "General Conditions" of the MPCA Permit and that portion of the MPCA Permit denoted "Permit No. SW- 305." Any violation of the MPCA Permit will constitute a violation of the terms of this License. Licensee shall notify the City immediately of any violation of the terms, conditions, or requirements of the MPCA Permit, and shall advise the City as to what steps will be taken to correct said violations. 4. Incorporation of Amendments to MPCA Permit. No amendment or change to any term, condition, or requirement of the MPCA Permit shall be incorporated into the License or become effective with respect to this License until the City has received notice of the proposed amendment and has specifically consented thereto by amending this License to incorporate the MPCA Permit Amendment. • PXB 103217 2.