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City of
<br />Elk -.~
<br />River
<br />~~Q~~ U1'Ql]~ ~~I'1CWc~~r
<br />Elk I~~ver, MN SS3~~
<br />Feb~•uary 3, 710
<br />Elk R.ivex~ Landfill
<br />Ms, Deb ~iralters
<br />22460 Highway 1 b9 N~
<br />Elk Ri~Ter, h~ 55330
<br />RE: Elk River Land:~ll,lnc,
<br />Application for CUP and Lice~ase Re~~ewal
<br />Dea~• Deb;
<br />This letter is ~~~ response to tl~e January 2$, 2x10 letter from ,lack Y. Perry to ~~~e, I~~ the fourth
<br />paragraph of that letter, Mr. Perry states that "ERL hereby requests ~withaut waiving its pending
<br />applications before the court} the necessary CUP and License a1~ne~~drnents to authorize its
<br />n~iningllandfill expansion within the 13,4 acre area, as described above and shown on the attached
<br />diagram," By process of elimination, the "description above" referenced at the end of this sentence
<br />was to an expansion "to the south into the 200-foot buffer area," south of the approved disposal area
<br />and to the southern edge of the existing landfill property, while maintaining "the 20o-foot buffer on
<br />the east and west,"
<br />Nlr, Perry's letter proposes a 1,b71,300 cubic yard expansion of the approved solid waste disposal
<br />area o~~ the Landfill Propert~l, which would extend into the existing 200-foot buffer zone on the
<br />southern edge of the Landfill Propet~y, This is an entirely new proposal which has not previously
<br />been sub~nitted to the City, Tl~e application far an amended CUP to allover expansion of the Landfill
<br />into the Southern Developme~~t Area, which was denied on actober 19, 20D9, did not include an
<br />alternative to expand the Landfill exclusively on the Landf lI's existing property, and no mention of
<br />or request fo~• such an expa~~sion was ~x~ade at an~r paint in those proceedings, Sin~ila~~ly, the pending
<br />applicatio~a for renewal of the existing CUP and license for the Landfill, submitted o~~ Decen~be~• 2$,
<br />200, does ~~ot propose or ~~nention such axe expansion, ~n fact, the suggested revisions to tl~e CUP
<br />which you sub~~nitted in connection with tl~e pexading application did not include any change to
<br />paragraph 3 of the CUP, Vlrl7ich gover~~s tl~e ``Buffer ZonelScreening,,
<br />In addition, the application za~aterials submitted v~fith floe pending application did not include any of
<br />the plans and other sub~x~ission ~r~atex°ials required for an expansio~~ of tl~e Landfill to be evaluated or
<br />acted upon, Fo~~ instance, an application to expand the solid waste disposal area would need to
<br />den~ot~strate how are expansion into the buffer zone ~vould be screened and v~fhere tl~e infrastructure to
<br />support such an expansion service roads, wells, storm ~4rater ~nanagen~ent, etc,} would be located.
<br />The landfill alv~rays leas the right to apply for an amendment to its existing CUP, includi~lg an
<br />az~nendment that would expa~ad the solid waste disposal area on the portion of the Landfill Propez~ty
<br />~'#lane; 7G3,G3~,1~oa
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<br />WW4~'Cl,~l~-C1Y~C,1Yll],lls GRAY, PLANT, MQQTY, MQQTY ~ B~NN~TT, P.A.
<br />A FULL-SERVICE LAVV FIRM
<br />MiNNI;APGLlS, MN ~ S7. CLOUp, MN ~ WASFIINGTON, UC
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