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Home My WebLink About2006-10-11 OPH Ltr to David Meyer Re Revocation of Fly Ash Materials Usele Cit of Oak Park Hei 14168 Oak Park Blvd. N *Box 2007 * Oak Park Hei MN 55082 e Phone (651) 439-4439 • Fax (651) 439-0574 October 111, 2006 Mr. David Me LaFar North America 855 Apollo Road Ea MN 55121 RE: Use of Fl Mr. Me This Permission as contained in this letter (10/11/06) has been REVOKED pursuant to Cit Ord. 311. There ma be no placement of coal/fl ash material in the Cit of Oak Park Hei An materials alread placed shall be removed. Please contact Eric Johnson, Cit Administrator 651-439- 4439 Immediatel Cc: Mike L MPCA The Cit is in receipt of y our fax dated 10110106 discussin y ou impendin use of fl for site soil dr and soils stabilization. Based on our short conversation of y esterda y and y our fax, it appears that y our intention is to onl notice the Cit of y our impendin use of this material as opposed to re the abilit to use such material. The Cit does not have an objection to the use of this material on private propert so lon as all material and y our operations are permitted b the MPCA and meet all re compaction test b the Cit where applicable. Further, none of this material ma be placed in Cit ri of wa or Cit easement areas. Such easement areas surround the Wal-Mart propert and are 10' in width from the propert lines. Lastl y our letter does not provide a plan showin where these materials are to be placed. Please immediatel rovide that site plan to m y attention for further review and file documentation. Sincerel Eric Johnson Cit Administrator Cc: Mark Vierlin Cit Attorne Dennis Postler, Cit En Jim Butler, Buildin Official MPCA -- Contact T.B.D. 311 AN ORDINANCE RELATING To THE REGULATION ON THE TRANSPORTATION AND USE OF COAL FIRED POWER PLANT ASH THE CITY OF OAK PARS. HEIGHTS HEREBY DOES ORDAIN. 311.010 PuW2s a In order to provide for the health, safety, and welfare of its citizens, the City recognizes the creed to provide controls for the transportation and use of certain substances that it considers a. potential hazard to 'its citizens. Coal ash is generated by a number of power plants in the region, including generation at the Allen S. King Plant in Oak Park Heights. The City finds that the hazardous components of the ash represent a potential threat to the health of its citizens. In addition., these hazardous components represent a potential threat to the critically important ground water and surface water resources in and near the City. 31.1 -20 Definitions. The following definitions apply in this Section of this Code (hereinafter "the section"). (a) "Coal Ash " means any ash derived from the burning of coal. (b) "Transportation " means any movement of coal ash by motor vehicle over the rights-of-way and stTeets of the City of Oak Park Heights. c "Construction Material" means any material used in or association with the construction of residential buildings, commercial buildings, industrial buildings, institutional buildings, or public or private infrastructure (i.e. roads, pipelines, sewers, power lines, etc.). Construction material is intended to include any soil stabilization materials but will exclude concrete products for the purpose of this Ordinance. (d) "City " means the City of Oak Park Heights. (e) "Enclosed transportation " means a totally enclosed container used for transportation of coal ash, which will not release any visible amounts of coal ash during transport or while at rest. f 31 q v a ,... r 0030 Prohi on Use as a Construct Mater o *alo Coal ash is prohibited from use as a construction material for any construction within the limits of the City. .. 311040 Restrictions on Trans o°tation through thei All transportation of dry coal ash within the limits of the City must be f ` done in pneumatically enclosed transportation. transport of coal ash in p y p p a wetted condition may be done in enclosed transportation. 311.050 Administration.. The City may designate a City official to supervise the enforcement and administration of this Ordinance. 3110060 Enforcement Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and punished according to the provisions of Section- 101 005 of Chapter 101 of the Code of Ordinances. Such provision shall not otherwise prevent the City from pursuing injunctive relief before the District Courts to prohibit future violations as may be deemed necessary to protect the public health and welfare of the City and its residents." W — comm . JO. IL— ** * DATE OCT- 16µ-20OG % � TIME 09:33 * ** P-01 MODE = MEMORY TRANSMISSION START= OCT- -16 09 :12 END= OCT -16 09 :33 FILE NO.= 089 STN NO. COM A22R NO. STATION NAME /TEL.NO. PAGES DURATION 001 STOP R 9819532 000/005 00:00 City of Oak Park Heigbis '14168 Oak ParK'Blvd. Box 2007 Oak- Park Heights, NV ,55092 Phono (651) 439 - 4439 Fatsimile (651) 439 -0574 is �,Omgvli I mmi- I P, ---------- } � r T �•� ��7 �.+ �f� S i �� ? �� le��i� r•3:tt • s � ti �� • 1 � r�� `�:+'i � i �� •~.�: °� ea p Ift�� :ls f 4 { ■1yy�,� � i. .� : }'fl Y • T' �• • t r +'tJ � l rl of ''.. '� • ttff— To: N Fax: D A From: Date: ID (0 -� � ` 1 1-11 eta t"k Re: Pa CC: Ur ❑ For Review El Please Comment ❑ Please Repl ❑ Please Rec Notes: TI LF'S'E'. Psylew � �.'r (,L... ia . ........... . . ... . ........... ... 4, 6 0 0 0 M Cit of Oak Park Hei 14168 Oak Park, Blvd. Box 2007 Oak Park Hei MN 55082 Phone (651) 439-4439 Facsimile (651) 4390574 e. , t City Of Oak park Hei 14168 Oak Park Blvd. N s Box 2007.Oak Park Heights, MN 55082 •Phone (651) 439 -4439 • Fax (651) 439 -0574 October 11, 2006 Mr. David Meyer LaFarge Forth America 855 Apollo Road Eagan, MN 55121 RE: Use of Fly -Ash. Mr. Meyer, The City is in receipt of your fax dated 10/10/06 discussing you impending use of fly -ash for site soil drying and soils stabilization. Based on our short conversation of yesterday and your fax, it appears that your intention is to only notice the City of your impending use of this material as opposed to requesting the ability to use such material. The City dues not have an objection to the use of this material on private property so long as all material and your operations are permitted by the MPCA and meet all required compaction test by the City where applicable. Further, none of this material may be placed in City right of ways or City easement areas. Such easement areas surround the Wal-Mart property and are 10' in width from the property lines. Lastly, your Jett does not provide a plan showing where these materials are to be placed. Please imm ediately, ro ode that site plan to my attention for further review and file documentation. Erj.c` Jo},rhson V'ity Ydmimistrator Cc: Mark Vierling, City Attorney Dennis Postler, City Engineer � Jim Butler, Official Building Ocial � � S� {�(�� `�''^� � �^`^� LA � � MPCA— Contact T.B.D. •°°�"' ROb" s�� -°'( 5tr-QLC,�-, 1 �� 101200E 16:37 651 6919592 LAFARGE E NORTH AMERICA October 10, 2006 Mr. Ede Johnson, City Administrator City of oak Park Heights 5815 N orell Ave N Oak Parr Heights, MN 55082 RE col�structlon �' 9 Site Soil d in lstabilization Using XCEL Coal Fly Ash Notification to the City of oak Park , Heights Dear Mr. Johnson, Lafarge North Amer has been contacted by the following contractor in regard to the use of fly ash in sub grade drying /stabilization at the following location in the City of Lakeville: g Name of Project. Walrnart Expansion Location: Norell Ave N Oak Park Heights, MN 55082 Contractor. Imperial Developers Projected Quantity: up to 100 short tons If the contractor hooses to proceed with the use of fly ash at this site. the work will be performed in t or compliance with the conditions of MPCA Permit SW -532, Lafarge /XC L Fly Ash Utilization Program, issued August 27,1998, if additional information is needed, I may be contacted at (651)905 -8302. Sincerely, 1. farge North America w� David Me e Key Accounts Manager RIVER REGION West Central sales 855 Apollo Road, Eagan, MN 55121 Office: (300) 437 -5980 Fax: (551) 551 - 9532 1Ol10/2066 16:37 6516819532 LAFARGE E NORTF# AMERICA Minneapolis Office 855 Apollo Rd, Eagan, MN 55121(800) 437 -5980 LAFARGE ( 651) 681 -0479 Fax (651) 681 FAX TRANSMISSION DATF • �Jo7-1 ,u p�2 M?C/4 Sv✓ -53Z.