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• EIS indicates a final contour of 980 feet. Staff does not feel this proposes a significant problem, but we will have the City Engineer's recommendation on this issue prior to Tuesday night's meeting. Condition number 10 in the attached CUP, titled Traffic: For the most part, the language contained in the current permit still pertains. However, staff recommends that the reference to January 1, 2005 be replaced with language requiring Aggregate Industries use the Highway 169/CSAH 33 interchange as soon as its construction is finished. Condition number 12 and 13 in the attached CUP, titled Hours of Operation and Noise: Normal hours of operation for mineral excavation are from 7:00 a.m. until 7:00 p.m., Monday through Saturday. Aggregate Industries requested and was granted extended hours under their original permit, as long as it wasn't an annoyance to surrounding properties. For two seasons the extended hours apparently were not a problem. However,in the last two week, staff has received numerous complaints from neighbors regarding noise from this pit. Staff has visited the neighborhoods experiencing problems during evening hours to confirm the noise issues. On September 16, 2003, staff hosted a meeting between representatives of Aggregate Industries and the neighbors bothered by the noise from the operation. Of issue is not whether or not the noise complaints are legitimate. Rather, the issue is whether or not Aggregate Industries can satisfactorily resolve the problem. Aggregate • Industries is proposing a number of remediation measures such as soundproofing their primary crushed, rubber padding on the parts of their operation where gravel hits metal and sound walls. Aggregate will not have most of the measures they propose to resolve noise issues completed until after the Planning Commission meeting. Staff has arranged another neighborhood meeting prior to the City Council considering this issue to see if the remediation measures succeeded. Staff recommends the hours of operation for this request be reduced to the normal hours of 7:00 a.m. to 7:00 p.m., if noise issues are not resolved prior to the City Council considering their requested expansion. Condition number 17 in the attached CUP, titled Groundwater Protection Measures: During the neighborhood meeting staff hosted, a number of residents expressed concerns regarding their wells. The city's EIS included a pump test to see what effects,if any, appropriating large amounts of ground water for washing gravel would have on adjacent wells. The pump test did indicate that there is a potential to affects the well at the residents on the corner of CSAH 77 and 213th Street. Due to this concern, a number of conditions were placed on Aggregate Industries'washing operation, including reporting drops in the ground water level and the city having the right to curtail water appropriation. In addition,Aggregate Industries'wells is only twenty (25) feet deep and they have a three (3) celled system that allows wash water that doesn't • evaporate to filtrate back to the ground water. Staff feels that adequate conditions are in placed to deal with this issue, especially since the houses in question are even a greater