5.4. SR 05-17-2010 - Laserfiche WebLink

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City of Elk River 13065 Orono Parkway Elk River, MN 55330 Febr•uat•y 3, 2010 Ellc River Landfill Ms, Deb Vi~alters 22460 Highway 169 NW Ellc River, NIN 55330 RE: Elk River Landfill, Inc. Application for CUP ar~d License Renewal Dear Deb: This letter is in response to the January 28, 2010 letter from Jack Y, Perry to me. In the fourth paragraph of that letter, Mr. Pert•y states that "ERL hereby requests (without waiving its pending applications before the court) the necessary CUP and License amendments to authorize its mining/landfill expansion within the 13.4 acre area, as described above and shown on the attached diagram." By process of elimination, the "description above" referenced at the end of this sentence was to an expansion "to the south into the 200-foot buffer area," south of the approved disposal area. and to the southern edge of the existing landfill properly, while maintaining "the 200-foot buffer on the east and west." Mt•. Perry's lettet•proposes a 1,671,300 cubic yard expansion of the approved solid waste disposal area on the Landfill Property, which would extend into the existing 200-foot buffer zone on the southern edge of the Landfill Property• This is an entit•ely new proposal which has not pt•eviously been submitted to the City. The application for an amended CUP to allow expansion of the Landfill into the Southern Development Atea, which was denied on October 19, 2009, did not include an alternative to expand the Landfill exclusively on the Landfill's existing property, and no mention of or request for such an expansion was made at any point in those proceedings,. Similarly, the pending application fot• renewal of the existing CUP and license for• the Landfill, submitted on Decembet• 28, 2009, does not propose ot• mention such ate expansion. In fact, the suggested revisions to the CUP which you submitted in connection with tlae pending application did not include any change to paragraph 3 of the CUP, which governs the "Buffer Zone/Screening", In addition, the application materials submitted with the pending application did not include any of the plans and other submission materials required fot• an expansion of the Landfill to be evaluated or acted upon. Fot• instance, an application to expand the solid waste disposal at•ea would need to demonstrate how an expansion into the buffer zone would be screened and where the infrastructure to support such an expansion (service roads, wells, stotTn water management, etc,) would be located. The landfill always has the right to apply for an amendment to its existing CUP, including an amendment that would expand the solid waste disposal area on the portion of the Landfill Pr•oper•ty Phone: 763.635.1000 Fax: 763.635.1090 wwwci.elk-river.mn.ns GRAY, PLANT, MOOTY, MOOTY E BENNETT, P.A. A FULL-SERVICE LAW FIRM MINNEAPOLIS, MN ~ ST. CLOUD, MN WASHINGTON, DC