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<br />. <br /> <br /> <br />Item # 5.1. <br /> <br />MEMORANDUM <br /> <br />TO: Planning Commission <br /> <br />FROM: Rebecca Haug, Environmental Administrator <br /> <br />DATE: December 13, 2005 <br /> <br />SUBJECT: Amend Conditional Use Permit for Mineral Excavation by <br />Bauerly Bros.1 P .H. CU 05-21 <br /> <br />Request: Bauerly Bros., Inc. is requesting to mine into the water table at the Ernest T oth <br />property. The excavation of gravel will be mined to an approximate depth of 13-21' below <br />water. This is the same depth that clay base was found. The area will be filled with clean <br />. sand once the excavation is complete. <br /> <br />The site was included in the City of Elk River's 1994 Environmental Impact Statement (EIS) <br />on Mineral Excavation. <br /> <br />Attachments: Included with this memo is a revised Conditional Use Permit (CUP). <br />Below is a list of other information on this issue. Please let staff know if you need <br />additional copies. <br />~ a vicinity map; <br />~ a contour map showing the existing condition of the site and proposed mining; <br />~ a Notice of Wetland Conservation Act decision dated October 17, 2005. <br /> <br />Issues: <br /> <br />Wetlands - The City Council is the Local Unit of Government charged with the <br />final decision regarding the Wetland Conservation Act rwCA). The Technical <br />Evaluation Panel, has reviewed wetland issues for compliance with the WCA and <br />determined this project to be exempt. <br /> <br />Recommendation: Staff is recommending approval of this request under the conditions <br />contained in the attached conditional use permit. Representatives from Bauerly Bros. Inc <br />are in agreement with those conditions. <br /> <br />. <br /> <br />~ <br /> <br />S:\PLANNING\Case Files\200S\CUOS-21 Bauerly\CC-bauerly.doc <br />