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8.c) Res 02-18-14-04 Bracht AOPCITY OF SCANDIA RESOLUTION NO. 02-18-14-04 RESOLUTION APPROVING ANNUAL OPERATING PERMIT APPLICATION OF BRACHT BROS., INC. FOR SAND AND GRAVEL MINING WHEREAS, BRACHT BROS., INC. operates a sand and gravel mining and processing operation located on approximately 40 acres on 185th St. N which is legally described as: LEGAL DESCRIPTION All that part of the south half of the Northwest Quarter of Section 35, Township 32, Range 20, Washington County Minnesota, described as follows: Beginning at the northwest corner of said south half of the Northwest Quarter; thence South 1 degree 17 minutes 07 seconds East, grid bearing according to the Minnesota State Plane Coordinate System in said Washington County, along the west line of said south half of the Northwest Quarter a distance of 1315.33 feet to the southwest corner of said south half of the Northwest Quarter; thence north 89 degrees 20 minutes of 10 seconds East along the south line of said south half of the Northwest Quarter a distance of 1533.21 feet; thence North 2 degrees 27 minutes 10 seconds East and parallel with a 49.60 foot wide drive as described in Book 219 of Deeds, page 588 in the office of the Registrar of deeds, of said Washington County, a distance of 730.88 feet; thence South 89 degrees 57 minutes 10 seconds West a distance of 23.54 feet; thence North 23 degrees 3 minutes 28 seconds East a distance of 400.17 feet; thence North 20 degrees 27 minutes 9 seconds east a distance of 235.12 feet to the North line of said South half of the Northwest Quarter; thence South 89 degrees 19 minutes 13 seconds West along said North line a distance of 1809.41 feet to the point of beginning; except the West 365.00 feet of said South half of Northwest Quarter. Subject to an easement for road purposes over the southerly 33.00 feet and to other easements of record, if any. And that part of the Northeast Quarter of the Northwest Quarter of Section 35, Township 35, Township 32 North, Range 20 West, Washington County, Minnesota, described as follows; Beginning at the southwest corner of said Northeast Quarter of the Northwest Quarter; thence North 89 degrees 19 minutes 13 seconds East along the south line of said Northeast Quarter of the Northwest Quarter a distance of 494.07 feet; thence North 1 degree 12 minutes 39 seconds West a distance of 198.68 feet; thence South 89 degrees 19 minutes 13 seconds West a distance of 494.07 feet to the west line of said Northeast Quarter of the Northwest Quarter; thence South 1 degree 12 minutes 39 seconds East along said west line a distance of 198.68 feet to the point of beginning. Resolution No.: 02-18-14-04 Page 2 of 3 WHEREAS, the site has been actively mined since the 1960's, and has operated under a previous Conditional Use Permit granted by Washington County, when the County exercised land use authority within New Scandia Township. Permitted activities include the mining and processing of aggregate; and WHEREAS, Ordinance No. 103, Chapter 4 of the Development Code of the City of Scandia, Minnesota, adopted August 28, 2007 (hereinafter referred to as "the ordinance") replaced the requirements of the ordinances adopted by Washington County and the former New Scandia Township and required the issuance of a new Conditional Use Permit and Annual Operating Permits for continued operation of existing mining operations; and WHEREAS, the City approved a Conditional Use Permit for the mining operation on May 20, 2008; and WHEREAS, Bracht Contracting. Inc. submitted an application for an Annual Operating Permit to the City of Scandia, which was found to be complete for review on January 28, 2014; and WHEREAS, the Scandia City Council reviewed the application at its regularly - scheduled meeting on February 18, 2014; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does find that the Annual Operating Permit for Bracht Bros., Inc. shall be and hereby is issued, with the following conditions made a part thereof: 1. The maximum mining depth shall be 920 feet amsl. 2. The Applicant shall provide for the second (if needed) and any subsequent dust control application of calcium chloride from the "trucks hauling" sign near the mine site to approximately 586 feet east of Olinda Trail, as determined necessary by the City. 3. The applicant shall contact the City prior to beginning any hauling on Old Marine Trail to determine the appropriate dust control requirements. 4. The applicant shall pay all fees and escrow associated with the application. Resolution No.: 02-18-14-04 Page 3 of 3 FURTHER, BE IT RESOLVED, any significant variation from these plans and conditions of approval shall require an application to amend this Annual Operating Permit. Adopted by the Scandia City Council this 18th day of February, 2014. Randall Simonson, Mayor ATTEST: Kristina Handt, City Clerk/Administrator