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REQUEST FOR ACTION <br />ver <br />To <br />City Council <br />Agenda Section <br />Community Development <br />Meeting Date <br />June 21, 2010 <br />Item Number <br />5.1. <br />Prepared by <br />Rebecca Haug, Environmental <br />Administrator <br />Reviewed by <br />Item Description <br />Request by Schuer, Inc. for a Conditional Use Permit <br />Amendment to Allow Washing/Processing Operations, Case <br />No. CU 10-12 -Public Hearing <br />Reviewed by <br />Action Requested <br />Staff and the Planning Commission recommend approval of the Conditional Use Permit request, with the <br />following conditions: <br />1. No stockpiling of wash pond sediment be allowed unless an approved dust control plan is in <br />place. <br />2. No other water sources be allowed to supplement the supply pond unless approved by the <br />City. <br />3. Provide the City with copies of all storm water and related permit compliance documents, <br />for example any SWPPP document, or SPCC Plan. <br />4. Provide annual sampling of intake water for total dissolved solids. <br />5. Provide a spill response plan if an SPCC is not in place to address the release of any <br />petroleum products in to either pond. <br />Background/Discussion <br />The applicant is requesting a conditional use permit amendment approval to place a portable wash plant <br />at their approved site. The water would be pumped out of an existing pond and then piped into a <br />sedimentation pond. There will be no net loss of water in this process. A copy of the Department of <br />Natural Resources (DNR) Water Appropriation Permit is also attached. <br />Overview <br />The subject property has been used as a gravel operation for a number of years, and has received the <br />appropriate Conditional Use Permit for mineral extraction. Any amendment to a conditional use, unless <br />expressly approved in the original CUP, requires a new CUP. <br />Analysis <br />The operation of a wash plant will be consistent with the existing operations at the site. The applicant <br />received approval to mine into the water table in 2004 and the operation will utilize the water from the <br />areas that have been excavated below the water table. Washing is expected to be seasonal and intermittent <br />depending on market demand. The applicant is required to meet noise level requirements set by the <br />Environmental Protection Agency (EPA) and will reduce the effects of noise generated from the <br />