Resolution - #95-11-261 - 11/28/1995

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10. 11. 12. 13. 14. Crushing operations will be conducted a minimum of one time per year. A maximum of two crushing periods are allowed per calendar year. Each crushing period shall not exceed 10 weeks in duration. Should either an emergency, equipment failure, weather, or any other unforeseen event cause the crushing operation to cease, the crashing operation shall not extend beyond the 10 week period except by prior special approval of the City Administrator or his/her designated representative. The City Council shall be notified of the temporary change in crushing operations and any change shall not exceed the standards as addressed by the MPCA Permit. The Permittee shall notify the City by letter at least one week prior to each crushing period. The notification shall indicate when crushing will begin and how long it will last. The notification shall also indicate the name(s) of the person(s) who will be supervising the facility and a contact phone number. Should a situation arise pertaining to noise, dust, or any other health, safety, or general public welfare issues, the City may contact the MPCA or other qualified environmental testing companies or agencies to investigate the situation. All testing will be at the owners expense. The official permit issued by the MPCA is hereby incorporated by reference into these conditions and made a part of this Conditional Use Permit as if fully set forth herein. However, where the City and MPCA standards conflict, the more stringent standards shall apply. Noise standards shall be the same as those set forth in the MPCA standards and, for any regulated matters not covered in the MPCA standards, the League of Minnesota Cities Model Noise Ordinance standards as established for 1990 shall apply. Dust shall be controlled by Bury and Carlson, Inc. in the following manner: A water truck will be stationed on the premises at all times. The permittee shall be responsible for wetting down the areas where the tracks are hauling material to lessen the dust caused by the traffic. The Permittee shall locate spray nozzles on the crusher. The water from these spray nozzles will lessen the dust created when old concrete and asphalt are reduced in the crasher. The permittee shall also install and use spray nozzles on the conveyors to lessen the dust caused by the transportation of the finished product from the crusher to the stockpile. The Permittee shall be responsible for removing debris on Iaspart Street N.W. from the facility entrances north to 143rd Avenue N.W., and 143rd Avenue N.W. west to Ramsey Blvd. N.W., caused by vehicles using the facility. Debris removal activities shall be instituted promptly following information of such accumulation. In the event the Permittee fails to remove debris within 24 hours of notice of accumulation by the City, the City may cause such debris to be removed. The City shall bill the cost of such removal to the Permittee and payment shall be remitted within 30 days of such billing. If site operations cease, the Conditional Use Permit becomes null and void and all materials relating to the production of aggregate on the site shall be removed by the operator within · ninety (90) days of the date of termination of the Permit. The Permittee shall provide a financial guarantee at the City, in the amount of Eight Thousand Dollars ($8,000.00) to insure removal of all demolition rubble in the event the permittee fails to perform said removal upon the conditional use permit becoming void or revoked. The financial guarantee may be in the form of cash or an irrevocable Letter of Credit or some other form of financial guarantee acceptable to the City. This financial guarantee shall be maintained at the City as long as the conditional use permit remains in full force and effect.