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Planning Commission Minutes <br />Page 2 <br /> <br />October 25, 2005 <br />--------------------------- <br /> <br />5.1.Request by NRG Energy, Inc. to Amend Conditional Use Permit CU 03-32, Public Hearing <br />– Case No.CU 05-2-0 <br /> <br />Environmental Administrator Rebecca Haug presented the staff report for the request by <br />NRG Energy to amend their Solid Waste Facility License and Conditional Use Permit. Ms. <br />Haug reviewed the proposed language changes. <br /> <br />Acting Chair Stevens opened the public hearing. There being no one to speak to this issue, <br />Acting Chair Stevens closed the public hearing. <br /> <br />MOTION BY COMMISSIONER WESTGAARD, SECONDED BY <br />COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST <br />BY NRG ENERGY TO AMEND THEIR CONDITIONAL USE PERMIT, CASE <br />NO. CU 05-20, WITH THE CHANGES OUTLINED IN THE STAFF REPORT <br />DATED OCTOBER 25, 2005. MOTION CARRIED 6-0. <br /> <br /> <br />5.2.Request by Kevin Meland for Conditional Use Permit to Allow Mining, Public Hearing – <br />Case No. CU 05-18 <br /> <br />Report on this request presented by Environmental Administrator Rebecca Haug. The <br />applicant requests a conditional use permit to mine 7.14 acres. She explained that <br />approximately 24,000 cubic yards of material are proposed to be mined within two years, so <br />a rezoning and license are not required. <br /> <br />Commissioner Ropp stated that the letter from the Army Corps strongly recommended that <br />the mining depth not exceed 3 feet, and that the conditional use permit allows up to 6 feet. <br />Ms. Haug stated that an Army Corps of Engineers’ representative was present and the <br />Technical Evaluation Panel meeting, and that the majority of the agencies were comfortable <br />with the 6-foot mining depth. <br /> <br />Commissioner Lemke asked for clarification on Condition #1. Ms. Haug explained that the <br />public has 30 days in which to appeal the decision that a license is not required. She stated <br />that there are only 3 or 4 days left of the 30 days and no comments have been received. <br /> <br />Acting Chair Stevens opened the public hearing. There being no one to speak to this issue, <br />Acting Chair Stevens closed the public hearing. <br /> <br /> MOTION BY COMMISSIONER OFFERMAN, SECONDED BY <br />COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST <br />BY KEVIN MELAND FOR A CONDITIONAL USE PERMIT WITH THE <br />FOLLOWING CONDITIONS: <br /> <br /> <br />1.STAFF’S DECISION ON THE MCA IS NOT OVERTURNED ON AN <br />APPEAL. <br /> <br />2.MR. MELAND RECEIVES APPROVAL FROM SHERBURNE COUNTY <br />PUBLIC WORKS TO ACCESS COUNTY ROAD 1 FOR HAULING. <br /> <br />3.ALL WORK IS COMPLETED WITHIN TWO (2) YEARS OF PROJECT <br />APPROVAL. <br /> <br />4.THE MAXIMUM DEPTH FRO THE POND IS SIX (6) FEET AND SLOPES <br />ARE A MAXIMUM OF 6 TO 1. <br /> <br />5.ALL SPOILS REMOVED FROM THE WETLAND ARE DEPOSITED ON <br />UPLAND AREAS. <br /> <br />