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ITEM # 6.1. <br />.ver <br />MEMORANDUM <br />TO: Planning Commission <br />FROM: Rebecca Haug, Environmental Administrator ~~ <br />DATE: September 14, 2006 <br />SUBJECT: Amended Conditional Use Permit for Mineral ExcavationlHot <br />Mix Asphalt Plant by Bauerly Bros., Inc./ P.H. CU 06-20 <br />At the August 8, 2006 Planning Commission meeting, the request by Bauerly Bros., Inc. to <br />operate a Hot Mix Asphalt (HMA) plant and trucking operation on the Ernest Toth site for <br />construction of state, county, township and local roadways was tabled pending further <br />information. Staff has worked with Bauerly Bros., Inc. to come to a consensus on the <br />following. <br />Traffic level: Staff has added language to the CUP which allows for up to 35 trucks a day <br />unless prior approval is given by the Environmental Administrator for special cases. <br />Traf c: Staff is requiring Bauerly Bros., Inc. to work with MnDOT to determine if any <br />improvements to the highway intersection are required. From the attached memo by Terry <br />Maurer, City Engineer, acceleration lanes would be advisable. <br />ust: The applicant is willing to pave a minimum of 50 feet from 225' Ave NW into the <br />pit to reduce dust. This is consistent with NPDES requirements. <br />dor: Staff has added language to the CUP to address odor: <br />~ Odor from the hot-mix operation must be controlled. The City recognizes <br />that from time to time odor emissions from the hot-mix asphalt operation <br />will occur, however, if weather conditions make odor noticeable, the <br />operator shall take the appropriate measures to reduce odor. If odor <br />problems can not be resolved by the Operator within 24 hours, the City <br />reserves the right to take appropriate measures to alleviate the problem, <br />including temporary cessation of operations. <br />Interim (IUP) v Conditional use (CUPI: After speaking with the City Attorney, his <br />recommendation is that the City should not change a CUP to a IUP by adding a condition <br />that imposes a sunset date. However, the Attorney felt it appropriate to add conditions that <br />