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Resolution 86-15 Hammes Mining <br />Page 2 <br />2. Mining operations shall be conducted on the above described <br />property within the limits, under the conditions and in accordance <br />with the plans submitted with the application herein and entitled <br />"Hammes Property Evaluation", prepared by Frank Horner Co., dated <br />March 14, 1972, as revised May 9, 1972, except insofar as said plan is <br />limited or modified. by the terms of this resolution granting renewal <br />of the permit. <br />3. Adherence to said plan shall be in accordance with the <br />reasonable directions of the Building Official. <br />4. All operations permitted by the Conditional Use Permit shall <br />be under the terms and conditions of Section 901 of the Municipal Code <br />of 1979 relating to mining. <br />5. As a condition of operation pursuant to this permit, the <br />Applicants shall abide by the terms of this permit, the aforesaid <br />Ordinances and said plan, including all of the provisions thereof <br />relating to completion of operations and restoration of the premises. <br />If Applicants should default in any of their obligations hereunder, <br />the City may proceed to abate any nuisances, complete operations and <br />restore the premises in accordance with the said plan and hold each of <br />said Applicants liable personally for the cost and expense incurred <br />therein. Alternatively, the City expressly retains the right to <br />terminate this Conditional Use Permit pursuant to Secion 901.040 of <br />the Lake Elmo City Code of 1979. <br />6. No operation shall begin pursuant to this permit until a <br />certificate or other evidence of insurance as required by Section <br />901.070 (G) has been filed with the City clerk and until the <br />performance bond required by Section 901.070 (F), or other security <br />instruments as may be provided in this permit, shall have been filed <br />with the City Clerk. <br />7. No mining excavations shall be conducted below an elevation <br />of 935 feet above mean sea level until the Applicants shall post a <br />bond in a reasonable amount satisfactory to the City Council, <br />whereupon mining excavation may thereafter be conducted to a depth of <br />920 feet above mean sea level during the term of this permit. <br />8. No mining operations shall be conducted any closer to the <br />proposed rights -of -way of County Road 19 or Interstate Highway 94, as <br />said rights -of -way have been located on the date hereof, than shall be <br />permitted in the case of existing or proposed street right-of-way <br />under Section 901.070 (C) of the said Municipal Code. <br />9. No operation shall begin pursuant to this permit until the <br />minimum annual fee has been paid. By commencing operations pursuant <br />to this permit, Applicants agree to pay annual inspection fees, as <br />defined and determined pursuaant to Section 901.070 (D) of the said <br />Municipal Code. <br />10. Without the consent of the City Council, this permit shall <br />not be assigned and shall be valid only so long as at least one of the <br />above named Applicants continues to be the owner of the above <br />described real estate. The City Council agrees that it will not <br />withhold its consent unreasonably. <br />