5.4. SR 05-19-2008 - Laserfiche WebLink

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REQUEST FOR ACTION To Item Number Ci Council 5.4. Agenda Section Meeting Date Prepared by Communi Develo ment Ma 19, 2008 exem Barnhart, Plannin Mana er Item Description Reviewed by Request by Jason Bebeau fox a Conditional Use Permit fox Mineral Excavation, Public Hearing Case CU 08-08 Reviewed by Action Requested Staff and the Planning Comtnission recommend approval of the Conditional Use Permit request, with the following conditions: 1. All conditions of the 2004 Conditional Use Permit shall apply, except letter of credit amount (9d) and haul routes (10). 2. A written agreement between Schmidt and the applicant shall be provided, verifying the land hank purchase agteement, prior to mining operations. 3. A letter of credit in the amount of $97,101.40 shall be provided to guarantee the completion of the reclamation plan. Summary The applicant received a Conditional Use Permit (CUP) in 2004 (CU 04-21). A CUP is permitted indefinitely, unless action ceases fox a period longer than 6 months. Mining licenses were received fox 2005, 2006, and mining activity was occurring those years. No license was applied fox in 2007, and no mining activity occurred; therefore, the Conditional Use Permit expired. Jason Bebeau, of J & B Mining, is requesting Conditional Use Permit approval fox a gravel/peat mining operation on his property, legally described as: South Half of the Northeast Quarter of the Northeast Quarter (S'/a of NE'/a of NE'/a), Section 10 and Northwest Quaxtex of the Northwest Quarter (NW '/a of NW '/<), Section 11, all in Township 33, Range 26, Sherburne County, Minnesota. T'he mining proposal includes a proposal to mine approximately 40 acres out of the 60-acre site. Approximately 1,190,000 cubic yards of materials are proposed to be mined; about 1 /3 of this consists of peat. `fhe proposal includes a desire to excavate approximately 40 feet below ground water using a dxagline. While the subject property was not included in the original 1994 Environmental Impact Statement (EIS) on Mineral Excavation, an Environmental Assessment Worksheet (EAW) has been completed. The City Council made a negative declaration regarding the need fox an EIS at their September 7, 2004 meeting.