Agenda - Council - 11/20/2001 - Special

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corroborated the relative accuracy of this sketch. The original excavation proposed is approximately 60% complete at this time. There were several questions and concerns, which were raised by the Planning Commission and the public. There was a question of whether an environmental impact assessment would be required. Guidelines prepared by Environmental Quality Board indicate that a mandatory environmental assessment worksheet is required for peat excavations, which exceed 160 acres. The subject excavation for which the Conditional Use Permit is being requested is approximately five acres (40% of the original 12 acres). The Planning Commission questioned whether this excavation would be considered a commercial operation in a residential zone. Not all, but many mining and grading CUP's are issued with the intention of selling the excavated materials. The most recent example is the Eric Thompson mining and grading CUP issued in 1997, for the excavation of sand material in Section 2. There was a question on the allowable depth of excavation. There is no mention of the depth of excavation in the CUP, only that the excavation conforms to Exhibit A (see CUP condition #3) which does not identify the depth of the excavation. There was a question on the slopes of the excavation. The Conditional Use Permit requires that slopes on the working fence be no steeper than 2 feet horizontal to 1 foot vertical, and that final slopes not exceed 12:1 (See CUP condition #11). The working face slopes were steeper than 1:1 on the date of a staff visit on October 2'~, 2001. The final slopes are still to be established. There was a question regarding compliance with the requirements for tree replacement. Condition #7 of the CUP requires that the City be notified so the number of trees for reforestation can be determined. The City has no reforestation policy other than what might be negotiated on a case by case basis. This condition may have been included in anticipation that some reforestation policy would be implemented. There were questions raised as to the permitted and actual hours of operation. Condition #25 states the hours of grading and export operations shall be between 7:00 a.m. and 5:00 p.m. on weekdays and from 7:00 a.m. and 3:00 p.m. on Saturdays, unless otherwise approved by the City Administrator or his designee. No deviations as to the specified hours have been requested by the permittee. The permittee testified that he does work seven days a week at certain times. (see page 6 of 21 of Planning Commission minutes) Finally, there is also an issue regarding obtaining and complying with other necessary permits. The existing CUP refers to such permits in Condition #2 which states that the permittee obtain and comply with any permits deemed necessary from Anoka County in conjunction with the hauling aspect of the operation onto CR 64. In addition, Condition #24 states that the permittee is responsible for obtaining necessary permits from other regulatory agencies, specifically for temporary or permanent wetland fill. No such permits were obtained by the pe~wfittee. On May 5, 1999 a Cease and Desist Order was