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• The CUP and License both incorporate operating plans of the MPCA Permit. Our interpretation of this provision is that the CUP and license authorize the Landfill to be conducted according to plans approved by MPCA without the need for further approval by the City each time MPCA makes a modification to its permit. Nevertheless, the City has requested ERL obtain approval from the City for the development. The MPCA Permit, when it is reissued, will authorize construction of Cells 12 and 13 immediately. Cells 12 and 13 are part of the natural progression of the development of the Landfill as contemplated when the City's approvals were first granted in 1988. ERL has requested that MPCA review and approve a plan for increasing side slopes at the Landfill from 20 percent grades to 33 percent grades, in order to accommodate the original permitted capacity for the facility. By compromise with MPCA staff, waste deposit dimensions at the Landfill will not be increased, rather the difference between the original capacity and the capacity which can be currently developed will be banked for future • consideration. Accordingly, the Landfill height will not be increased beyond that which ERL contemplated in its original development plan. The maximum height at the Landfill will be 1 170 feet which is the maximum height that would be able to be effectively utilized at the 20% side slopes. City staff has raised concerns about the final elevation of the Landfill. We are prepared to address those concerns now or at such time as filling dictates the need to address final elevation issues. ERL is confident it can demonstrate there are no health, safety and welfare issues presented by developing the Landfill to its full capacity reaching the 1 170 elevation and that this elevation is consistent with original development plans. We are, however, prepared to discuss alternative development plans if the City so chooses. We enclose the following plans: • Long-Term Development Plan (18 sets) • Map of Site location (18 sets) • Map of Operations at the site (18 sets) • List of adjacent land owners (1 set) Please schedule this matter for appropriate City review at your earliest convenience. We understand the next Planning Commission meeting is April • 22, 1997 and the subsequent City Council meeting is May 19, 1997. In order to meet our construction schedule we respectfully request to be placed