5.4. SR 05-17-2010 - Laserfiche WebLink

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Ms. Deb Walters February 3, 2010 Page 2 zoned Solid Waste Facilities. Howevet•, the application currently pending before the City is not an application to expand the solid waste disposal area and has not been noticed to the public as such. The pending application could be amended to include a request to expand tine solid v,~aste disposal area within the landfill property, but a request for such an amendment would have to include all of the required submission materials, and notice to the public would have to be republished and remailed so that the public has been provided fair and reasonable notice of the proposed expansion. The landfill's current CUP and license expire on February 17, 2010. The pending application for an amended CUP and license are scheduled to be heard by the Elk River Planning Commission on February 9, 2010, and the Elk River City Council on February 16, 20l 0. Unless the City is notified by the landfill in writing that the pending application is being withdrawn or atrtended, the hearings before the Planning Commission and the City Council on the pending application will proceed as scheduled. Mr. Perry's January 28, 20] O letter objecting to the buffer requirement and proposing a 1,671,300- cubic yard expansion of the landfill had attached to it one schematic drawing showing the expansion area, but included no other plans or materials that would demonstrate how the expa~.lsion area would be screened, nor where the infrastructure to support such an expansion, such as service roads, wells, storm water management, etc., would be located. Nor is there any mention in Mr. Perry's letter as to whether the Minnesota Pollution Control Agency, the. Responsible Governmental Unit for environmental review of any significant. expansion of a landfill, leas reviewed or evaluated the potential eznrironmental effects of this proposed expansion, or reviewed or approved this expansion proposal. If there is an environmental review process nsandated by the Minnesota Environmental Policy Act that has not been completed, the City of Ellc River is prohibited from granting an amendment to the CUP or license allowing that expansion. Therefore, to the extent that Mr. Perry's letter constitutes a written request to amend the pending application to eliminate the 200-foot buffer zone and to increase the capacity of the landfill by 1,671,300 cubic yards, this letter is to notify the landfill, pursuant to Minnesota Statutes ~ l 5.99, that this request to amend the application is incomplete for failure to submit the following materials required to evaluate such an application for expansion: • A completed Application Form and Application Fee. • Labels for Property Owners within 350 feet of the Landfill Property, obtained from the Sherburne County Tax Division. • A typewritten narrative describing the expansion proposal. • The following plans and additional information: Grading Plan