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Page 2 <br />The existing Conditional use Permit recorded as Document #346384 (recorded July <br />9, 1997, approved June 23, 1997) is hereby amended to include, in Section 3: <br />(25) Gravel wash operations <br />Operator may conduct gravel wash operations, subject to the following conditions. <br />a. Identify and/or confirm the location of nearby groundwater wells <br />(groundwater receptors) and surface water receptors on and immediately <br />surrounding the mining and gravel washing operation and document their <br />proximity to the washing operations on a map. <br />b. Install a water table monitoring well or wells at the site and generally between <br />the washing operation and the nearby groundwater receptor(s). Survey the <br />monitoring well(s) for horizontal and vertical control and identify their location <br />on a site map. <br />c. Measure and record water elevations at the monitoring well(s) within <br />approximately one week of initiating pumping of water from the dug pit for <br />washing, mid-way during washing and within one week upon cessation of <br />washing operations. <br />d. Conduct water quality testing of samples collected from monitoring well(s) <br />for diesel range organics (DRO), BETX, pH (field), temperature (field) and <br />specific conductance (field) prior to and at the cessation of washing operations <br />on an annual basis. <br />e. In the event of a spill, washing operations should be terminated until such <br />time that the extent and potential impact from the spill can be determined <br />through testing as determined necessary by the City. <br />IN WITNESS WHEREOF, the City and Operator have caused this Agreement to <br />be duly executed on the day and year first above written. <br />CITY OF ELK RNER OPERATOR <br />Knife River <br />By: <br />By: <br />Its: Mayor <br />By: <br />Its: <br />Its: City Clerk <br />FEE OWNER <br />Richard Toth -Trustee <br />By: <br />s:\planning main\case files\cup\cu 06-20 bauerly\gravcup-amend bauerly wash plant 2009.doc <br />