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... Larkin Ho�`'man •TTtltNlYf November 1Q 2010 Cazoline Bell Beckman Erickson, Bell, Beckman & Quinn, P.A. 1700 West Highway 36 Roseville, MN 55113 Re: Bituminous Roadways, Inc. Dear Ms. Beckman: larltin Ho�nan Daly $ Lindgren Itd. isoo w�s F.�o e� 7900 Xrrxes Avenue South Mimieapolis, Minneso�a 55431�ll94 GMFPR�. SSZ-HBS'BSOO �..: 952-696�3333 w... www.larkinhoffman.mm This letter responds to your correspondence of November 1, 20] 0. Bituminous Roadways, Inc. (the "Compan}•'� continues to seek approval from the CiTy of Rose��ile ("Ciry") of the development of its facility as first presented to the City on March 6, 2009. The development of this industria] facility in an isolated industrial azea of the City continues to be a very sound proposition. Since ihat time, and in response to direc[ion from the City, the Company has, in addition to submitting all required applications for the project, submitted the project for environmental review conduc[ed by the Minnesota Pollution Control Agency (MPCA). This environmental review required that the Company prepare an air emissions facility permit in order that MPCA could fully evaluate potential air emissions. As a result, MPCA has prepared a draft air emissions permit which confirms the air emissions for the facility meet state and federal standazds. The result of the environmental review process to date is that an environmental assessment worksheet has been prepared which concludes that the proposed facility (including a rail uansload facility which is not currently proposed for construction but was evaluated by MPCA because it is a potential extension of the project) does not present a potential for significant environmental effects from the proposed project. In addition, and in response to issues raised by the City Council's discussions of the Company's project at recent council meetings, the Company had further evaluated traffic, noise, and odor. The resulLS of these additional studies were presented to the City concluding that none of those items would present adverse impacts relating to the proposed project. The present status of the environmen[al review is that the [echnical and scientific analysis of the project demonstrates the lack of adverse effects from the proposed project. Nevertheless, the Ciry Council has acted to circumvent the environmental review process by changing its ordinances after the Company has incurred significant expense in reliance on the direction it received from the City. �t `� � �