Resolution - #10-06-120 - 06/08/2010

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point of beginning, together with that part of said Lot 7 described as follows: beginning at intersection of said northerly right of way line with said east line thence northwesterly along said right of way line 36.30 feet, thence north parallel with said east line 203.46 feet to point of beginning, thence west parallel with south line of said section 85 feet, thence north parallel with said east line to northerly line of said lot, said northerly line also being southerly right of way line of Burlington Northern Rail Road, thence east along said southerly right of way line to a point on a line drawn parallel west and 33 feet west of said east line, thence south along said parallel line to point of beginning, except road subject to easement of record, Anoka County, Minnesota and Portions of the operating property of the Burlington Northern Rail Road St. Paul to Staples line located in Ramsey SD 11. (the "Subject Property ") This Permit is issued pursuant to Section 117 -52 (Interim Use Permits) and 117 -359 (Grading, Mining and Filling Permits) of the Ramsey City Code. The conditions of this Permit are as follows: 1. This Permit shall allow the Permittee to excavate and export approximately 5,700 cubic yards of arsenic- impacted earth material from the Subject Property. 2. This Permit shall commence on the date of City Council approval and shall expire on August 1, 2011. 3. That in addition to this Permit, the Permittee shall be responsible for obtaining and complying with any other permits required from Anoka County, Minnesota Pollution Control Agency, Metropolitan Council Environmental Services and/or any other applicable agency. 4. The Permittee shall be responsible for removing any spilled material from the public roads immediately; roads shall be swept daily or as directed by the City Engineer. Must have a sweeper on site or have one available within three (3) hours. Failure to do so shall be cause for the City Engineer to order the necessary work to be done and billed to the Permittee. The City may require an escrow to ensure the work is completed. 5. All excavation and mitigation operations shall be conducted in accordance with Figure U2, dated March 23, 2010 and submitted by AECOM on behalf of the Permittee, incorporated herein as Exhibit 1. 6. All equipment used for grading and hauling operations shall be maintained and operated in such a manner to minimize noise, dust, and vibrations adversely affecting surrounding RESOLUTION #10 -06 -120 Page 2 of 6