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Planning Commission Minutes May 13, 2008 4. A NPDES PERMIT IS REQUIRED PRIOR TO FINAL APPROVAL OF CONSTRUCTION DRAWINGS. 5. A TREE PRESERVATION PLAN IS REQUIRED TO BE DEVELOPED AND REVIEWED BY STAFF IN ORDER TO DETERMINE IF SAVED TREES WILL BE CREDITED TO THE LANDSCAPE PLAN. 6. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF THE IMPROVEMENTS, LANDSCAPE, AND TRAIL INSTALLATION SHALL BE SUBMITTED AT THE TIME OF BUILDING PERMIT APPLICATION. PER SECTION 30-604(B). 7. THE PROPERTY IS REQUIRED TO BE PLATTED. MOTION CARRIED 5-0. 5.4. Request by Tason Bebeau for Conditional Use Permit for Mineral Excavation, Public Hearing -Case No. CU 08-08 Mr. Barnhart reviewed the location, history, and scope of the project for Mr. Bebeau's request Q & B Mining) to mine 39 acres of a 60-acre site. He stated that Mr. Bebeau wishes to resume mining of the property over the next several years. Mr. Barnhart reviewed the conditions recommended by staff including terms of the original permit, wetland bank purchase agreement with Schuer, and letter of credit for completion of the reclamation plan. Chair Westgaard opened the public hearing. Roger Schmidt,10107105~h Avenue, Annandale, representing Schuer, Inc. -Explained that Schuer is the property owner adjacent to the Bebeau property and also has a conditional use permit for mining. He stated that both Schuer and Bebeau were permitted to mine in 2004 and that Schuer had excess wetland credits, which Bebeau needed and agreed to purchase. He stated that Schuer has not received payment for the credit, but that recently they have reached an oral agreement for payment. He explained that an agreement will be written and signed before the Ciry Council meeting on May 19th, and therefore, he has no problem with approval of the request. There being no further public comments, Chair Westgaard closed the public hearing. Chair Westgaard asked if the original approval required purchase of wetland credits from Schuer. Mr. Barnhart stated he was not certain the agreement was that specific. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY JASON BEBEAU FOR A CONDITIONAL USE- PERMIT FOR MINERAL EXCAVATION, CASE NO. CU 08-08, WITH THE FOLLOWING CONDITIONS: 1. ALL CONDITIONS OF THE 2004 CONDITIONAL USE PERMIT SHALL APPLY. 2. A WRITTEN AGREEMENT BETWEEN SCHURER AND THE APPLICANT SHALL BE PROVIDED, VERIFYING THE LAND BANK PURCHASE AGREEMENT, WHICH SHALL BE PROVIDED PRIOR TO MINING OPERATIONS. 3. A LETTER OF SHALL BE PROVIDED TO GUARANTEE THE COMPLETION OF THE RECLAMATION PLAN. Page 4