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discussed previously in this memo). Finally, a thirty foot setback is proposed between mining activities and a two hundred foot wide buffer required of the Elk River Landfill • on their property. Staff feels these setbacks are appropriate. HOT-MIX ASPHALT PLANT The hot-mix asphalt plant has special concerns regarding odor and air emissions. Staff has addressed these concerns by adding stipulations in the attached conditional use permit. An air emissions permit is also required by the Minnesota Pollution Control Agency. Basically, when weather conditions cause a problem with odor from the plant(during an inversion)the amount of recycled asphalt used in the mix is cut back or recycled asphalt is eliminated from the mix altogether, if need be. The recycled asphalt magnifies the odor. The last resort is to shut down the plant until weather conditions permit it to restart. Complaints should first go to the plant operators. They are the ones that can response in the most timely manner. Unresolved complaints then go to city staff and ultimately to the Planning Commission and City Council. An adjacent property owner has complained in the past about this operation. Tiller is meeting with this person to address his issues. OTHER ISSUES Other issues such as: screening, signage, fencing, oakwilt, vibration, dust and lighting are addressed in the attached conditional use permit. Staff will be able to elaborate on these at the meeting, if the Planning Commission wishes. • RECOMMENDATION Staff recommends approval of Tiller Corporation's request to amend their conditional use permit for mineral excavation on the property in question under the stipulations and conditions found in the attached CUP based on the following findings: > Tiller Corporation's proposed excavation, reclamation plan, and hot-mix asphalt plant are consistent with the City of Elk River's EIS on Mineral Excavation, Comprehensive Plan, Mineral Excavation Ordinance and Zoning Ordinance. > The City of Elk River's long range planning anticipated mining as an interim use on the property in question, when it was zoned Mineral Excavation Overlay Zoning District and the hot-mix asphalt plant is an accessory use to mining. > The operation does not appear to have the potential for significant environmental effects. > The conditions placed on the operation adequately protect adjacent properties and the city from detrimental affects from the operation due to excessive traffic, noise odor, smoke, fumes, glare, dust or vibration. > The conditions placed on the operation require it to comply with all appropriate City, State and Federal requirements. •