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<br />a. The Operator shall file with the City an Emergency Spill Prevention and Counter Control Plan <br />and a Storm Water Pollution Prevention Plan as may be required by other governmental <br />entities. The Operator shall adhere to these plans in the event there is a spill. <br />b. The Operator shall provide the Fire Department with a copy of their flammable or hazardous <br />materials. <br />c. Fuel tanks shall be above ground, properly diked (if required by law), and registered with <br />MPCA. <br />d. All incidences that have the potential to adversely affect groundwater, including but not limited <br />to spills, shall be verbally reported to the City within 24 hours. This verbal notification shall be <br />followed up in writing within four (4) working days. <br />e. The appropriate storm water permits (NPDES) shall be obtained by the Operator from MPCA <br />and copied to the City. <br />f. Stockpiles of recycled asphalt must not be placed in surface water and run-off from these <br />stockpiles shall be directed away from surface waters. Further, the size of the stockpiles is <br />limited to the amount of material that can be used in one year, but need not necessarily be <br />used in one year and can be stored over winter. <br />g. The wells located at the site shall be monitored once a year for diesel range organics <br />(DRO). Mining activities shall not take place closer to groundwater levels than indicated in the <br />plans submitted without amending this conditional use permit. However, if mining is proposed <br />to occur below the water table in the future, the above-referenced wells shall be monitored <br />for DRO prior to excavation activities commencing and after their cessation each <br />year. Further, in the event of a spill, appropriate water tests (as determined by the city) will <br />be taken until the spill is deemed clean by the city. <br />h. Except for minor repairs, maintenance of vehicles and equipment shall take place in the <br />operator’s shop. The operator shall have an approved hazardous waste license for this facility <br />and properly dispose of all waste. <br />i. A minimum of a two-celled system to recycle water from the wash operation shall be utilized. <br />j. Water usage by mining activities shall not adversely affect adjacent wells. Mitigation measures <br />may include, but are not limited to, curtailing of pumping activities until water levels return. <br />18. Signage for the operation shall be that which is permitted for an industrial operation in a medium <br />industrial zone, with the exception that billboards are not allowed. <br />19. The operator shall fence the entire perimeter of the site with a four (4) foot high fence with support <br />post every ten (10) feet. <br />20. Cutting of trees between April 15 and July 15 is prohibited. The Operator shall take other measures <br />deemed appropriate by the Sherburne County Forester to control oakwilt, such as, but not limited to: <br />debarking or destroying fallen diseased trees prior to April 15th, not leaving roots exposed and <br />avoiding mechanical damage to remaining trees. <br />21. The Operator shall erect berms adjacent to 225th Ave NW as required by the City of Elk River. <br />22. Other Permits: <br />a. The Operator shall obtain all state and federal permits appropriate to their operation and file <br />copies of said permits with the City. <br />b. All shingles must be managed in accordance with Minnesota Rules 7035.2860 – Beneficial Use <br />of Solid Waste. Compliance documentation shall be submitted to the City prior to continued <br />storage or processing of such materials. <br />23. Roadways must be kept free of tracked material. Tracking Best Management Practices (BMPs) shall be <br />adjusted as necessary to prevent debris from entering public roadways. Any material tracked onto the <br />roadway must be removed through daily sweeping. <br />24. An additional cattle grate shall be placed between the street and the security gate, and the operator <br />must ensure all vehicles exit this site only after crossing this cattle grate. <br />25. If mining operations expand east of the current footprint, an updated wetland delineation report shall <br />be submitted for review and approval prior to further expansion. <br />26. Gravel wash operations: <br />Page 12 of 71