Save The Kasota Prairie
Save The Kasota Prairie

 

STIPULATION


SKP agrees to dismiss its appeal to the Minnesota Supreme Court of the District Court decision which upheld the December 1980 ruling of the Minnesota Enviromental Quality Board decision not to require an Enviromental Impact Statement on the Kasota Township mine.


SKP agrees to dismiss its motion in District Court to enjoin Unimin from further disturbing the western portion of the prairie.


SKP agrees to not appear, write or lobby in opposition to Unimin's Kasota Township mining operations unless Unimin requests waiver or relaxation of its permits. (This includes all present officers, directors and members of SKP.)SKP agrees to aid and not to hinder Unimin in promotion of goodwill between Unimin and its neighbors.


SKP will be required to perform its obligations under this contract only so long as Unimin does not breach any of its provisions.


Unimin shall establish a "restricted zone" of about 70 acres northwest, west and south of the pond within which no mining or other activity will be done. Unimin will be permitted a 100-foot wide pipeline corridor through this zone from the pond to the Minnesota River. Unimin will also be allowed a temporary 50-foot wide corridor for one year.


Unimin shall place the environmental management of the restricted zone in a mutually-agreeable third party (preferably The Nature Conservancy) and pay for its management. Public pedestrian access to the restricted zone will be allowed.


Unimin will place restrictions on the deed to the restricted zone requiring that the zone be preserved and perpetrated as a native ecosystem.


Unimin will transfer the restricted zone in full fee title to the organization which is managing it at the time that mining on the Kasota property is terminated.


Three years after mining is completed, an "addition to the restricted zone" shall be added to the restricted zone. This is a tract north and west of the pond. It will make the final restricted zone a more of less contiguous tract of about 210 acres (about 90 acres of prairie and 120 acres of bottom land) which will include most of the land between the pond and the Minnesota River.


Unimin agrees to restrict blasting to between 10:00 a.m. and 6:00 p.m. Monday through Friday excluding holidays.


*Note: The above information was obtained from the Save the Kasota Prairie Newsletter, Vol. 17, No. 12, the special 15th anniversary edition, December, 1994.


Unimin agrees to pay annually to the City of Kasota the sum of $4500 adjusted by the Consumer Price Index (base: April, 1983) - this is an attempt to match Unimin's annual tax contribution to Kasota Township.


Unimin will establish vegetation on exterior banks of the berms around its property to prevent wind erosion. Unimin will also comply with the dust monitoring provisions of the conditional use permit.


Unimin shall give to the City of Kasota the first option to buy its Kasota Township property after the mining operation is terminated. (This includes all of their property east of the final restricted zone.)


Unimin shall be required to perform its obligations under this contract only so long as SKP does not breach any of its provisions.


Grievance Procedure: If either party believes that the other party has breached the agreement, that party shall notify the other in writing and a meeting of the parties will be held within five (5) working days of the first notice. If the perceived breach is not cured within 10 working days of the first notice, the grieving party may seek remedy in court.

This agreement will be effective upon approval of the Minnesota Enviormental Quality Board.