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Planning Commission Minutes August 14, 2007 Page 3 the standard is 50 feet. Mr. Caron explained that being able to work up to 5 feet makes it easier to reclaim the site and provide uniform slopes. Commmissioner Staul as ~d what is proposed for the south half of the property, which is open space. Mr. Caron sltated that they are only leasing the northern part of the property and it is his understanding ~t the city is in negotiations with the property owner for possible park land on the south polrtion. Chair Stevens asked for clarification regarding the location of adjacent resider~ges. Ms. Pauley provided drawings of the location of the homes and the crusher. Mr. Boyd stated that he still has concerns with noise, and that with the exten ed hours he was awakened at 4:00 am, even with his windows closed and the air conditio ~ g running. Commissioner Scott noted that Tiller will not have the extended hours for th's site. Commissioner Westgaard stated that he was not sure the additiona150-foots tback would help the noise. Mr. Boyd stated that the dust was also a concern. Commissio er Westgaard stated that he felt Tiller has taken actions to address this issue and they have pressed their willingness to work with the residents. MOTION BY COMMISSIONER WESTGAARD AND SECONDED Y COMMISSIONER LEMKE TO APPROVE THE REQUEST BY TIL ER CORPORATION FOR A CONDITIONAL USE PERMIT FOR MIN RAL EXCAVATION, CASE NO. CU 07-22 WITH THE FOLLOWING CO DITIONS: 1. TRAFFIC FROM THE OPERATIONS AREA WILL ACCESS T E NEW ALIGNMENT OF COUNTY RD 33 WITH THE MAJORITY O TRAFFIC GENERATED FROM THE EXISTING OPERATION AREA H AD EAST TO US HWY 169. PROCTOR RD AND COUNTY RD 33 WEST OF THE EXITING OPERATION WILL ONLY BE USED FOR LOCAL ROJECTS. 2. THE SITE MUST OPERATE UNDER A MINNESOTA POLL TION CONTROL AGENCY (MPCA) NPDES PERMIT FOR GRAVE MINING FACILITIES AND A STORMWATER POLLUTION PREVEN ION PLAN BE IMPLEMENTED 3. WATERING ON-SITE GRAVEL HAUL ROADS MUST BE DO E TO REDUCE DUST 4. FIFTY-FOOT SETBACKS FROM PROPERTY LINES AND RI HT-OF- WAYS THAT ARE NOT ADJACENT TO OTHER MINING AR~AS MUST BE MAINTAINED. 5. ALONG PROCTOR RD, A SETBACK AS DETERMINED AND (MARKED BY THE SHERBURNE COUNTY FORESTER MUST BE MAIl1~T~TAINED AND IN NO INSTANCE WILL THE SETBACK BE LESS THAN 50 FEET FROM RIGHT-OF-WAY. 6. THE SITE MUST BE GRADED IN ACCORDANCE TO THE RECLAMATION PLAN 7. OPERATIONS MUST BE IN COMPLIANCE WITH ALL STATE NOISE STANDARDS ', 8. MINING AND CRUSHING WILL BE CONDUCTED BETWEEN 7:00 A.M. TO 7:00 P.M. MONDAY -SATURDAY 9. TOPSOIL WILL BE RETAINED ON-SITE AND USED TO CR~:ATE SCREENING BERMS 10. ACTIVE SLOPES TO BE APPROXIMATELY 1.5:1 AND FINISI~ED SLOPES NOT TO EXCEED 4:1 11. THE PROPERTY IS REZONED PRIOR TO COMMENCING TIE OPERATIONS INCLUDED IN THE CONDITIONAL USE PERMIT.