HomeMy WebLinkAbout2. Mining Operations - Continued Discussion with John Shardlow CITY OF ROSEMOUNT
STRATEGIC PLANNING WORKSHOP #2
August 25, 1999
7:00 p.m. �
��gested Agenda
I. Review Mining Issues Raised at the June 23, 1999
Workshop
II. Staff Summary of Meetings, Discussions with
Koch
III. Review Draft Community Obj ectives for
Exploring Mineral Extraction Issues
IV. Review Memorandum Containing Potential
Approaches, Ordinance Elements
V. Review and Discuss Gravel Tax
VI. Discuss Strategies for Recovering City Costs;
Potential Actions to Pursue Additional Economic
Benefits to City
• Totally recover all city expenses in
reviewing, monitoring, inspecting, and
administering mining activities.
• Fully understand the potential benefits of
mining to create amenities and desirable
land forms to support high quality and
high valued development.
• To explore potential modifications to
State Law that could provide significant
economic benefits to the community over
tim e.
• If the community were successful in
achieving some reasonable economic
returns from mining activities, this could
provide some productive use of the Koch
owned land surrounding the re�nery that
would otherwise remain vacant and low
valued.
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INCORPORATED
CONSULTING PLANNERS
LANDSCAPE ARCHITECTS
300 FIRST AVENUE NORTH
SUITE 210
MINNEAPOL]S, MN SS401
612-339�3300 PHONE �
612•337•5601 FAX
WORKSHOP #2 - MEMORANDUM
DATE: August 25, 1999
TO: Members of the Rosemount Joint Planning Commission, City Council Workshop
FROM: John Shardlow, AICP, Principal, DAHLGREN, SHARDLOW &UBAN, INC.
RE: City of Rosemount Mining Issues
Goal: "To manage appropriate land use development for Rosemount with aggregate
mining as a potential economic use of certain land areas".*
Approach: Amend Section 12.4: Mineral Extraction by clearly defining the purpose of the
ordinance; establishing the conditions to regulate mining and minimize the overall
impact of mining activities; and ensuring that restoration is compatible with the
City's ultimate Comprehensive Land Use Plan.
Models: Ordinances from the following governmental units were reviewed as possible
models: Apple Valley, Burnsville, Maple Grove,Washington County(Draft
Update} and Empire Township. The latter two ordinances seemed most
appropriate to use as models. Copies of all but the Maple Grove Ordinance are
attached. Information regarding the Aggregate Material Tax is also attached but is
not discussed in this memo.
Options: Additional options aze presented here to complement the Mineral Extraction
Report* and are for discussion purposes only.
*Memo:Mineral Extraction in Rosemount,Rogness and Peazson,March 31, 1999
Mining Issues
Page 2
Option#1 Clearly define the purpose of the ordinance.The following excerpt is from the
Empire Township Ordinance:
2.01 The purpose of this Ordinance is to protect the public health, safety and
welfare through the following:
A. Identify areas in the communiry where mineral extraction is most
appropriate and minimizes conflicts with commercial agricultural,
residential and other land uses.
B. Establish permitting requirements, environmental review procedures
and performance standards to regulate mineral extraction.
C. Establish standards which distinguish between longer term and
shorter term mineral extraction activities.
D. Establish standards which prevent or minimize environmental and
aesthetic impacts on extracted properties, adjacent properties and the
community as a whole.
E. Establish standards and�nancial guarantees that restore extracted
land to a condition compatible with adjacent properties and suitable
for future uses which are compatible with the Empire Township
Comprehensive Plan.
Option#2 Reconsider Conditional and Permitted uses.In all cases, mineral extraction and
the processing activities that accompany extraction should be considered interim
uses and applicants should be required to obtain an interim use permit. The pernut
would have a definite life and would expire after a certain period of time. For
example, the type of permit could be based on the size of the site to be mined:
Type I Permit: Maximum site area of 15 acres
Valid 1 to 2 years
No permanent processing allowed,but limited processing such as
short-term croshing(say 2 weeks)could be permitted.
Type II Permit: Site area of 15 to 159 acres
Valid 2 to 20 years
No permanent processing except for crushing allowed as long as
minimum setbacks(say 1/8 mile)to sensitive receptors are
maintained,the crushers were well screened and hours of operation
are controlled. Consider permanent processing for other than crushing
activities if enhanced performance standazds could be met.
Type III Permit: Minimum site area of 160 acres
Valid 20+years
Processing allowed as long as minimum setbacks(say 1/4 mile)to
sensitive receptors are maintained,all processing activities are well-
screened and hours of operation are controlled.
Mining Issues
Page 3
Option#3 Create an Interim Mineral Extraction Overlay District.The district should be
large enough to allow large scale operations greater than 160 acres. For example,
the southeast area of the City bounded by U.S. Highway 52, C.S.A.H. 42 and U.S.
Highway 55 contains approximately 2,700 acres and is located outside the
Metropolitan Urban Service Area. The City Zoning Map indicates that nearly half
of the area is zoned AGP-Agriculture Preserve. Mineral extraction is not
currently allowed as a conditional use in that district.
The only other areas large enough to allow large scale operations are west of U.S.
Highway 52 and north of C.S.A.H.42. Mineral extraction is not cunently allowed
in this area. East of U.S. Highway 52, there is an area north of C.S.A.H. 42 and
east of the golf course; and an area north of U.S. Highway 55. Both areas east of
U.S. Highway 52 could be added to the suggested Overlay District although the
latter area is within the Mississippi River Critical Area and mineral extraction is
not considered a compatible land use.
Mineral extraction would still be allowed in the GI- General Industrial District,
but only as an Interim Use. Only Type I and II Permits would be acceptable, since
most of the available areas are in closer proximity to urban development.
Option#4 Enhance Performance Standards for Mineral Extraction. Additional
requirements need to be added to the existing ordinance to further restrict mining
activities. A Definition Section needs to be added and the City could require
applicants to prepare an Environmental Assessment Worksheet (EAW), regardless
of whether the site area is less than 40 acres. According to Minnesota Rules,
Chapter 4410, a Mandatory EAW is required for sites over 40 acres,but there is
nothing in the rules that prevents the City from being more restrictive and
requiring applicants to prepare a Discretionary EAW, say for Type II Permits less
than 40 acres. For Type I Permits, the EAW probably would not be necessary.
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Aggregate Material Tax
History
This Aggregate Material Tax, more commonly referred to as the "gravel tax"
originated in a series of special laws between 1961 and 1979 allowing seven
counties along the North Dakota border to impose the tax. The purpose of
the tax was to provide funds for local Minnesota counties and townships
used heavily by North Dakota gravel haulers, who paid no Minnesota taxes.
In 1980 the legislature gave ALL counties in Minnesota the option of
imposing the tax. The revenues were dedicated to the county/township road
and bridge funds and the reclamation of abandoned pits. Most counties did
not impose the tax.
This tax statute was changed in 1982, 1983, 1984 and 1986. In 1986, the
legislature made the tax applicable to the 22 counties shown on the attached
pages. Pope County was added in 1998.
Over the last few years the legislature has given other counties the right to
impose the tax. These counties have decided not to impose the tax.
DW 1 OS/18/99
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s `o o E ^' o � c� �d w- c o o u o � �o a,..� y i � a
m� o=�• � �i o u $`o o a -. o �' o• E u'�, " � ":e y v���u � ia a � �� 4='• F
� � N y v � A a. F'�a�o � = °' a eo e E °' � a;n c� s u_q u m 4... `,
�y:a o� ��� o v� a� � " � -w � a � v=y � a� �>.� ,A,�n y s `� .L�.°o ` ��v � �0"' � v _
d ;? m �o• r c u e u � e F • •� �, s ci � i m 4�i
°� � 3 a� c�i m� a a� °u`� a. o, ^�� �Q 8 a:n � u a� � 3 U= �reD 7 u - v 3 _�'c y a� `ri'S�K'a " `a
F.O 0 6 U 00 O G. Q� C 6 L O O N > > � L O O p� iC p�� O .0. ••L" N O O L T� N p ?. o� .
F'•' o..., o �e ea o.S o _ Q A F�..n'o t:. a � 3 c��u u s u . C7�..r1 w 3 u o > ia a a � �o 0
�� � 1! u v. � p� y u u U y � G V ' G Y � C'O;� OD O ' �j V O T i� O y'
;;c� a' m� � A� �� o > u o ° y � 5 $ " a
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m '�^•�
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0
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o. •� o c v_� a o•_ S � $ �., o � �0 3 y u._ o _ oa�y�Y 3 �o ; > �C,c
� � H u E � E u o �E � ` � y u �•ti :c in�� � o �v� u o �oo E O .t°]v� � o t a_ >.
eo o�e E � > e �,,, m �e y �o 00�n= o o�� u. u u m H• �
;? E y'v 9 y °'`� u= iO ��= o m o. eo C7 . y � � u o r -v� e t �' �v
�` o � f" D� E o`� u .°'.'� u w ^` c � u g °` � �u �y �d''`C, m 3 �'� �
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F o m�E a,f�„ � m F`� E �Q E d`o.E .s.�. o �n m.�.7 Km 3 z �U�U �D E U►�E� Q O�° �
� Aggregate Tag Collected
1998 Production
«5
3
�
County '�gs8;
1. Becker ` $12'i,485�: .
2. Benton ;�:$a�
3. Big Stone $84;056;
4. Carver `$58;238�
5. Clay .�179;328;
6. Dakota �� �6�����,��1'
7. Hennepin $ZC3,144�
8. Kittson - $29,503A
9. Le Sueur $180,'184;
10. Mahomen `$11,036';
11. Marshall $2�,'�� ��
12. Norman $41 ,685:
13. Pennington $5D,425;
14. Polk ��8,d3��
15. Pope �aisiss> $21,6'17z
16. Ramsey $50,872
17. Red Lake �31;881�
18. Scott $308,241
19. Sherburne ' $19'i,927;
20. Sibley $45,84'l�
21. Stearns $113,643;
22. Washington $378,Q18;:
23. Wilkin 10 377�:
a
TOTAL � � � .$2,88'i,4��8�
D�, 2 OS/18/99
__ _ _ __
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AGGREGATE 1�IATERI�L T:�`Y
298.75 ?iGGREGATE 1�1�TERIAL REbIOVAL;PRODL'CTIOIY TAX.
Subdivision 1.Defini[ions.Except as may otherwise bz provided,the following wonis,
«'hen used in this section,shall have the meanin�s herein ascribed to them. �
(U':�s�re�ate material"shaIl mean nonmetallic natural mineral aa�re�ate including, .
but not lunited to sand.silica sand,�ravel,buildin�stone,crushed rock,limestone,and gran-
ite.Assre�ate materiai shall not include dimension stone and dimension granite.Ag�regate
material must be measured or wei�hed after it has been extracced from the pi�quarry,or de-
posit.
(?)'`Person"shall mean any indi��idua(,firm, partnership,corporacion,or�anizauon,
trustee.associauon,or other entiry. �
(�)"Operator"shall mean any penon en�a�ed in the business of removinL a�oregate
material:rom the surfaee or subsurface of the soil,for the purpose of sale.either directly or
indirecd�-.throuQh the use of the a�gresate material in a marketable product or service.
(4)'`Exuaction site"shall mean a pit,quarry>or deposit containin�aa�regate material
and am�contiguous property to che pit.quar,y,or deposi[which is used by the operator for
stockpilina the ag�regate material.
(�)"Importer"shall mean any person who buys aQ=reQate mate�al produced from a
councp not listed in para�raph(6)or another state and causes the a�gregate material to be
imporced into a county in this state which imposes a tax on a�Qre�ate material.
(6) "County" shall mean the counties of Pope, Stearns, Benton, Sherbume. Carver,
Scott Dako�a,Le Sueur.Kittson,Marshall.Pennington,Red LaI:e,Polk,Norman,Mahno-
men,Cla.�.Becker,Carlton,St.Louis,Rock,Murray,Wilkin,Bi�Stone_Sibley,Hennepin,
Washin�ton.ChisaQo,and Ramsey. .
Subd_"_'.A county shall impose upon every importer and operator a producrion tax equal
to ten cents per cubic yard or seven cenu per ton of ag�reQate material removed except that
the counn�board may decide not to impose this tax if it determines that in the previous year
opera[ors removed less than 20.000 tons or 1�,000 cubic yards of as�re�ate material from
that counn•.The tax shaIl be imposed on a��reQate material produced in the county when the
a��re�a�e material is transported from the extracrion site or sold.Vb'hen aggregate material is
stored in a stockpile within the state of Minnesota and a public highway,road or street is not
used for a-ansportina the a;�egate material,the tax shall be imposed either when the aagre-
gate material is sold,or when it is transported from the stockpile site,or��hen it is used from
the stockpile,whichever occurs first The tax shall be imposed on an importer when the ag-
�re�ate material is imported into the county that imposes the tax.
If the aQ�regate material is transported direcdy from the extraction site to a waterway,
railwav.or another mode of transportation other than a hi�hway,road or streec.the�taxQ�
posed b.��his secdon shall be appor[ioned equally between the counry where the a,�ea
material is eatracted and the counry to which the ag�regate material is ori�inally transported.
If that desdnation is not located in Minnesota,then the counry where the ago egate material
was exc�a�ted shall receive all of the proceeds of the t�.
Su'od.3.By the 14th day followino the last day of each calendar quarter,every operator
or importer shall mal:e and file w•ith the county auditor of the county in which the a���ate
material is removed or imported.a correct report under oath,in such form and containin�
such iniormacion as the auditor shall require relative to the quantity of ag�re;ate material
removed er imported during the precedin;calendar quarter.The report shall be accompan�ed
by a re:nitcance of the amount of tax due.
� If an.�of the proceeds of the tax is to be apportioned as provided in subdivision 2,the
operator or importer shall also include on the report any relevant information concernina�e
amounc o[as�resate material transported,the tax and the counry of destination.The county
auditor�hall noafy the county treasurer of the amount of such tax and the county to which it is
due.'Ihe county treasurer shall remit the tax to the appropriate county within 30 days.
OCC(;'PAT[O`J T�1.�S 298.75
Subd.4.If the county auditor has not received the report by the 15th dav after the]ast
day of each calendar quarter from the operatororimpoRer as required by subdivision 3 or has
received an erroneous report, the counry auditor shall estimate the amount of tax due and
notify the operator or importer by reQistered mail of the amount of tax so estimated within the
next 14 days.An operator or importer may,within 30 days from the date of mailing the no-
tice,and upon payment of the amount of ta,Y determined to be due,file in the o�ce of�e
county auditor a written statement of objections to the amount of taxes determined to be due.
The statement of objections shall be deemed to be a petition within the meanin�of chaptec
278,and shall be�overned by sections?73.02 to 278.13.
Subd.5.Failure to file thz report and submit payment shall result in a penalty of�5 for
each vf the fint 30 days,beginning on the 15[h day after the last day of each calendar qu:uter,
for which the report and payment is due and no scatement of objection has been filed as pro-
vided in subdivision�,and a penalcy of S 10 for each subsequent day shall be assessed against
che operator or importer who is required to file thz report.The penalties imposed by this sub-
division shall be collected as part of the tax and credited to the counry revenue fund.If neither
the report nor a statemznt of objecdon has been filed after more chan 60 days have elapsed
from the date when[tie notice was sent,[he operator or importer who is required to file the
� report is;uilt�of a misdemeanor.
Subd.6.I[is a misdemeanor for any operator or importer to remove a��re�ate ma[erial
from a pit,quam.or deposit or for any importer to import aggreQate material unless all taxes
due under chis szction for the previous reporting period have been paid or objections thereto
have been filed pursuant to subdivision�.
It is a misdemeanor for the�perator or imgoner who is required to file a report to file a
false report�r-i�h intent to evade the cax.
Subd.7.:�Il money collected as taxes under this section shall be deposited in the county
treasury and credited as follows.for espenditure by the councy buard:
(a)Sixty pzrcen�to the county road and bridQe fund for expenditure for the m�inte-
nance.construction and reconstruction of roads.hi�hways and bridges;
(b)'I'him� percent ro the road :uid bridge fund of those towns as de�ermined by the
county board:uid co the general fund or other designated fund of chose eities�s determinedby
the counry board,to be expended for main[enance.conscruction and reconstruction of r�ads,
hi�hways and bridges;and
(c)Ten percent to a special reserve fund which is hereby established,for expenditure for
the restoration of abandoned pits,quarries,or deposits located upon public and tax forfeited
lands within the county.
If there are no abandoned pits,quarries or deposits located upon public or tax forfeited
lands within the county, this portion of the tax shall be deposited in the counry road and
brid�e fund for expenditure for the maintenance,construction and reconstruction of roads.
hi�hways and brid�es.
Subd.3.The county auditor or its duly auchorized asent may examine cecords,includ-
in;compucer records,maintained by�l�ortereor o erator�The coun auditor'must have
but is not]imiced to,all accounts of an imp P �`
access at all re�onable times to inspect and copy all business records related co an importer's
or operator's collection,transportacion,and disposal of a��reQate to the extent necessary to
ensure that all s�gre�ate material producdon taxes required to be paid have been remitted to
the councy.The records must be main[ained by the importer or operator for no less than six
years.
Histor�-: 1980 c 607 art 19 s 5:ISp1981 c 1 an 10 s 17-19; 1982 c�23 an 13 s 1: '
1983 c 34�ar. 1�s 1: 1984 c 652 s 1;1986 c�03 s 1.?: 1993 c 37�an 9 s-�1.�12: 1995 c
26=E an 16 s I�: 1996 c=171 an 13 s IS; 1997 c 231 an�s I Z-14
. 298J6[Re�e•:led. 198'c 533 arc 13 s 3]
_ r
ORDINANCE NO. 450
AN ORDINANCE ESTABLISHING REGULATIONS AND STANDARDS FOR
NiINERAL EXTRACTION
The Board of Supervisors of the Township of Empire ordains as follows:
SECTTON 1. TITLE
1.01 This ordinance shall be known and cited as the Empire Township Mineral
Extraction Ordinance, except as refened to herein as "this Ordinance."
SECTTON 2. PURPOSE
2.01 The purpose ofthis Ordinance is to protect the public health, safety�and welfare
through the following:
A. Identify areas in the community where mineral extraction is most appropriate
and minimizes conflicts with commercial agricultural, residential and other land
uses.
B. Establish permitting requirements, environmental review procedures and .
performance standards to regulate mineral extraction.
C. Establish standards which distinguish between longer term and shorter term
mineral extraction activities. �
D. Establish standards which prevent or minimize environmental and aesthetic
impacts on extracted properties, adjacent properties and the community as a
whole.
E. Esta.blish standards and financial guarantees that restore extracted land to a
condition compatible with adjacent properties and suitable for future uses which
are compatible with the Empire Township Comprehensive Plan.
SECTION 3. DEFINITIONS
3.01 When used in this Ordinance, the following terms shall have the meaning
associated with them: .
Accessorv Uses: Accessory uses of a mineral extraction facility may include the
manufacture, storage and sale of products made from minerals on the premises and
storage and sale of minerals and topsoil not extracted on the premises.
Board: The Board of Supervisors of Empire Township.
Commission: The Planning Commission of Empire Township.
1
�'
i � .
Comvrehensive Plan: The Empire Township Comprehensive Plan.
Dust: Airborne mineral particulate matter.
Excavation: The movement or removal of soil and minerals.
Mineral: Sand, gravel, rock, clay and similar higher density non-metallic natural �
minerals.
Mineral Extraction: The removal of sand, gravel, rock, clay and other minerals from the
ground.
Mineral Extraction Facilitv: Any area that is being used for removal, stockpiling,
storage, and processing of sand, gravel, topsoil, clay, and other minerals.
Mineral Extraction Permit: The permit required for mineral extraction facilities which �
may operate for several years.
Operator: Any person or persons, partnerships or corporations or assignees, including
public or governmental agencies, engaging in mineral extraction.
Princ�al Use: The principal use of a mineral extraction facility is the e�raction,
crushing, screening, mixing, storage and sale of minerals from the facility.
Processin�: Any activity which may include the crushing, washing, stockpiling,
compounding, mixing, or treatment of sand, gravels, rocks, or similar mineral products
into consumable products such as construction grade sand, gravel, concrete, asphalt, and
other 5imilar products.
� Rehabilitation: To renew land to self-sustaining long-term use which is compatible with
contiguous land uses, present and future, in accordance with the standards set forth in this
Ordinance.
Seasonal Extraction Facilitv: Any area where mineral extraction is permitted on an
temporary, seasonal basis, not to exceed two years in operation.
Seasonal Extraction Permit: The permit required for seasonal extraction facilities which
may operate for one or two years.
Soil: A natural three dimensional body of the earth's surface.
Sub'eci t Propertv: The land on which mineral extraction is permitted.
Topsoil: The upper portion of the soils present that is the most favorable material for
plant growth.
2
Townshin: The Township of Empire, Dakota County, Minnesota.
Zoning Ordinance: The Empire Township Zoning Ordinance.
SECTION 4. PERMIT REQUIRED
4.01 It is unlawful for any person, firm, or corporation to extract or process minerals
in the Township without obtaining a permit required in this ordinance.
4.02 Mineral extraction shall only be allowed in that portion of the Township
designated in the Mineral Extractiom Overlay District of the Comprehensive PIan.
4.03 Mineral extraction shall only be allowed in that part of the Township zoned
Mineral Extraction District.
4.04 Exceptions:
A mineral extraction permit shall not be required for any of the followina:
A. Excavation for a foundation, cellar or basement of a building if a building
permit has been issued. .
B. Excavation by state, county, city, or township authorities in connection with
construction or maintenance of roads, highways, or utilities, conducted solely
within permanent easement areas or rights-of-way.
C. Curb cuts, utility hook-ups or street openings for which another permit has
been issued by the Township.
D. Excavation less than one hundred (100) square feet in azea or one foot in
depth.
E. Excavation or grading for agricultural purposes. �
F. Mineral Extraction in which a seasonal extraction permit has been issued.
G. Other activities in which a permit has been issued, site grading is allowed
and mineral extraction is clearly an incidental activity.
3
SECTION 5. 1VIINERAL EXTRACTION PERMIT APPLICATION
REQUIREMENTS
5.01 Apvlication form:
An application for a mineral extraction permit shall be submitted to the Township o�n a .
form supplied by the Township. Information shall include but not be limited to the
following: �
A. Name, address, phone number, contact person for the operator.
B. Name, address, phone number of the landowner.
C. Acreage and complete legal description of the property on which the facility
will be Iocated, including all contiguous property owned by the landowners. .
D. Acreage and complete legal description of the property on which the mineral
extraction permit will apply.
E. Estimated type and quantity of material to be extracted.
F. Estimated time frame to operate the facility.
G. A description of all vehicles and equipment estimated to be used by the
operator in the operation of the facility.
H. A description of the estimated average daily and peak daily number of
vehicles accessing the facility, including a breakdown of operator owned and
non-operator owned vehicles.
I. A description of the haul routes within the Township to be used in the
operation of the facility.
5.02 Supporting Documentation:
Every application for a mineral extraction permit shall include submission of supporting
documentation which shall include, but may not be limited to the following:
A. A description of existing Iand uses on the subject property and all properties
within one-half(1/2) mile.
B. A description of land use designations in the Comprehensive Plan and zoning
classifications of the subject property and all properties within one-half(1/2)
mile.
4
C. A description of the soil, vegetation, mineral content and topogaphy of the
subject property. A minimum of three(3) soil boring logs representative of the
site and a description of the subsurface materials on the subject property must be
submitted.
D. A general description of surface waters, existing drainage patterns and
groundwater conditions within one-half(1/2) mile of the subject property. �
E. A general description of any wells or private sewer systems of record,
pipelines, power lines and other utilities or appurtenances on the subject property
and adjacent properties.
F. A general description of the depth, quantity, quality and intended uses of the
mineral deposits on the subject property.
G.� Existing topography of the subject property, illustrated by contours not �
exceeding ten-foot intervals.
H. Proposed topography of the subject property after mineral extraction has been
completed, illustrated by contours not exceeding two-foot intervals.
I. A phasing plan which illustrates the sequencing of mineral extraction, the
locations of processing equipment, mineral stockpiles, staging areas, accessory
uses and access routes.
J. Copies of MPCA application documents and operating permits.
K. A description of the site hydrology and drainage characteristics during �
extraction for each phase. Identify any locations where drainage of any disturbed
azeas will not be controlled on the subject property and plans to control erosion,
sedimentation and water quality of the runoff.
L. A description of the potential impacts to adjacent properties resulting from
mineral extraction and off-site transportation, including but not limited to noise,
dust, surface water runoff, groundwater contamination,traffic and aesthetics.
M. A description of the plan to mitigate potential impacts resulting from mineral
extraction.
N. A description of site screening, landscaping and security fencing.
O. A description of site rehabilitation in each phase of operation and upon
completion of mineral extraction on the subject property.
5
P. A description of the method in which complaints about any aspect of the
facility operation or.off-site transportation aze to be received and the method
which complaints are to be resolved.
SECTTON 6. PERMITTING PROCEDURE
6.01 Interim Use Permit �
1V�ineral extraction permits shall be considered and processed by the Township as interim
use.permits. The procedures aze defined in the Zoning Ordinance.
A. Applicants are encouraged to conta.ct the Township for an administrative
interpretation of the compatibility of the proposed mineral e�raction activity with
the Comprehensive,Plan and Zoning Ordinance.
B. Applicants are encouraged to appear before the Planning Commission to make �
a preliminary presentaxion on the conceptual nature of the proposed extraction
activity.
C. A copy of the application and required supporting information shall be
forwarded to the Township or its designee. Within ten (10)business days of
receipt of the information a determination of the completeness of the application
and supporting documentation will be made. If the application is complete, the
environmental review process will begin. If the application is incomplete, the
Township will identify the information which must be submitted before formal
review may commence.
D. Any application which is inconsistent with the Comprehensive Plan, will be
denied. The applicant has the right to submit an application to the Township to
amend the Comprehensive Plan, according to procedures established by the
Township.
E. Within thirty(30) days of receipt of a complete mineral extraction permit ,
application, the Township will order an Environmental A.ssessment Worksheet to
be prepared, according to Minnesota Rules, Chapter 4410.
F: Upon completion of the environmental review process, the Township will
process the mineral extraction permit. The Township may require that the
applicant submit additional information to address or clarify any issues raised in
the environmental review. The formal review process will commence after
completion of the environmental review or upon receipt of additional information
required.
G. Within thirty (30) days of receipt of all required information and upon
completion of the environmental review process, the Planning Commission shall
6
hold a public hearing for the mineral extraction permit. The hearing will satisfy
the hearing requirements of the interim use permit.
H. After the public hearing, the Planning Commission shall make findings on the
permit application and submit recommendations to the Town Board.
I. If the Planning Commission and Town Board can not act upon the permit �
application within sixty (60) days of the receipt of all required information and
completion of the environmental review process, the Township shall notify the
applicant in writing of the delay and e�ension of review. The Planning �
Commission and Town Board must act upon the application within one hundred
twenty (120) days of the date the final apptication was submitted, unless an
extension of time is granted by the applicant.
J. The Town Board shall approve the permit application, deny the permit
application or approve the permit application with modification.
K. A mineral extraction permit application denied by the Town Board may not
be reapplied for, whether the same or modified application, for a period of twelve
(12) months from the date of denial.
SECTION 7. NLINERAL EXTRACTION PERFORMANCE STANDARDS
7.01 The following performance standards apply to all mineral extraction facilities in
the Township:
A. Hours of Operation. Mineral extraction facilities shall operate only between
the hours of 6:00 am and 6:00 p.m., Monday through Saturday. A mineral
extraction facility may be opened one-half hour before and one hour after hours
of operation to allow for the staging and loading of vehicles hauling extracted
materials.
1.) Operators are allowed a maximum of five(5) one-day extensions to -
the hours of operation for evening work in a calendar year. Operators
must notify the Township Clerk or a Supervisor in advance of the
proposed exception.
2.) Other exceptions to the hours of operation, such as government
agency contracts and other evening work, must be approved by the Town
Board.
B. Fencin�. The Board may require fencing, signs and barriers around artificial
ponding areas and steep sloped excavation areas.
� 7
C. Access. All mineral extraction facilities shall have direct access to a 9-ton or
greater road.
D. Haul Routes. All trucks traveling to or from the mineral extraction facility
shall utilize 9-ton or greater roads within the Township. Operators may be
� granted a special permit to utilize roadways temporarily posted under 9-tons, -
provided adequate surety is guaranteed to cover the costs of repairing any damage �
to roadways.
E. Roadwav Dust Control. Operators will be responsible for providing water
trucks to control dust on all gravel roads utilized by trucks hauling to or from a
mineral extraction facility. Unless waived by the Town Board in lieu of other
remedies, watering roadways will be required when conditions warrant it and the
number of one-way truck trips from a particular mineral extraction facility
.exceeds three (3)per hour.
F: Mineral Extraction Facility Dust Control.� The Township may require
watering in a facility when it is determined that airborne dust from extraction
areas, processing activities, stockpiles or intemal roadways creates a public
nuisance. Other remedies to control dust may include berming, landscaping and
enclosures for processing equipment.
G. Noise. Maximum nvise levels at the facility will be consistent with the
standards established by the Minnesota Pollution Control Agency.
H. Vibration. Operators shall use all practical means to eliminate adverse
impacts on adjacent properties from vibration of equipment.
I. Air Quality/Water Qualit�i. All activities on the subject property will be
conducted in a manner consistent with the Minnesota Pollution Control Agency's
operating permits.
J. Accessorv Uses. Accessory uses, such as concrete or asphalt production or
stockpiling and sale of materials not e�racted on the subject property may be
considered for approval by the Township.
K. Unauthorized Stora�e. No vehicles, equipment or materials not associated
with the mineral extraction facility or not in operable condition may be kept or
stored at the facility.
L. Setbacks. No extraction activity may occur within one hundred (100) feet of
any residence and fifty (50)feet of any adjacent property, road right-of-way or
public utility. Screeners, crushers, other processing equipment and
manufacturing equipment may not be located closer than five hundred(500)feet
without berming or two hundred fifty (250) feet with berming from any
8
residence. Grading plans affecting pipelines or powerline corridors will be
evaluated on a case by case basis.
M. Phasin�. Phasing plans must be prepared for all mineral extraction facilities.
No more than ten (10) acres of land may be exposed to extraction at any one time.
A maximum of twenty-five(25) acres may be utilized at any one time for
extraction, processing, staging and stockpiling. Areas where extraction has been �
completed shall be rehabilitated according to the provisions of the ordinance,
. except for that area included in the maximum thirry-five(35) acre operational
area. The Town Board may allow exceptions to the phasing requirements for
topsoil and clay extraction and will allow exceptions for phases of operation in
existence at the time of this ordinance adoption.
N. Weed Control. The operators shall be required to control noxious weeds and
mow or harvest other vegetation to maintain reasonable appearance of the site.
O. .E�x losives. If the use of explosives is desired by the operator, a conditional
use permit shall be required for each incident to provide adequate public notice
and input.
P. General Compliance. The operators must comply with all other federal,
state, regional, county and local laws and regulations applicable to the operation
of the mineral extraction facility, including but not limited to floodplain
management re�ulations, shoreland management regulations and zoning
. ordinance regulations. �
Q. Additional Regulations. The Township may impose additional regulations
and requirements to the mineral extraction permit to protect the public health,
safety, and welfare.
R. Inactivitv. In the event less than 5000 cubic yards of material has been
removed from the facility in any calendar year, the Township may terminate the
mineral extraction permit.
S. Rehabilitation Plan. A rehabilitation plan must include the grading plans,
topsoil replacement, seeding, mulching, erosion control and sedimentation control
specifications for each phase and the final site restoration. The following
minimum standards and conditions apply:
1.)Final grades may not exceed a 3:2 ratio (33%slope), except for
rehabilitated areas in existence at the time of adoption of this Ordinance.
In completing final grading in each phase, the top of the slope may begin
twenty (20) feet from property lines.
9
2.)A minimum of three (3) inches of topsoil shall be placed on all graded
surfaces.
� 3.) Seeding and mulching shall be consistent with Minnesota Department
of Transportation specifications for rights-of way. Exceptions to seeding
and mulchi.ng include areas returned to agricultural production.
4.) Soil restoration, seeding and mulching must occur within each phase as
soon as final grades, or interim grades identified in the phasing plans,
have been reached. Exceptions to seeding and mulching include the
processing, storage and staging areas within each phase.
5.) Soil erosion and sedimentation control measures shall be consistent
with MPCA's "Protecting Water Quality in Urban Areas."
6.) Unless otherwise amended or approved by the Township, all final �
grades and site restoration efForts shall be consistent with the
Rehabilitation Plan. �
7.)Within twelve (12) months after completion of mineral extraction or
after termination of the permit, all equipment, vehicles, machinery,
materials and debris shall be removed from the subject property.
8.) Within tweive (12) months a.fter completion of mineral extraction or
after termination of the permit site, rehabilitation must be completed.
SECTION 8. TERIVIIN�TION
8.01 The Township shall have the authority to tenninate the mineral extraction permit
on the happening of any of the following events:
A. The date of termination specified in the interim use permit.
B. Upon a violation of a condition under which the permit was issued,but only
after the Township has first provided written notice to the operator(and land
owner if different from the operator) describing the specific violation and steps
necessary to cure the violation, and after having been given a reasonable
opportunity to cure the violation, but in no case longer than sixty (60) days.
C. Upon a change in the Township's zoning regulations which renders the use
non-conforming.
D. Upon a determination that the facility has been inactive.
10
SECTION 9. SEASONAL EXTRACTION PERNIIT
9.01 Pu ose. The purpose of this section is to establish provisions for mineral
extraction on a smaller scale and shorter term basis than allowed in a mineral eactraction
permit.
9.02 Eligibilitv. A seasonal extraction permit may be issued in areas of the Township �
zoned Agricultural Preservation.
A. Seasonal extraction permits are intended to allow the opportunity for mineral
extraction on land which is in close proximity to projects of short duration, such
as road construction, in or near the Township.
B. Seasonal extraction permits are also intended to allow the opportunity for site
grading, which will enhance the use of property, including land where mineral
extraction has occurred in the past and rehabilitation has not been completed. �
9.03 Process. A seasonal extraction permit will be processed as a Conditional Use
Permit, according to the provisions and procedures in the Zoning Ordinance.
9.04 Area Limitation. The maximum site area that may be included in a seasonal
extraction permit is ten (10) acres. The Board may expand this limitation if the subject
property includes a larger area where mineral extraction has previously occurred.
9.05 Duration. Seasonal extraction permits are valid for a period not exceeding one
calendar year. Mineral extraction operations may only occur between May 1 and
December 1 of the permit year. Site rehabilitation must be completed by June 1 of the
following year. The Board may extend the permit for a maximum of one additional year.
9.06 Application. An application for a seasonal extraction permit shall be submitted to
the Township on a form provided by the Township. Information requirements shall be
the same as identified in Section 5.01 of this Ordinance.
9.07 Supporting Documentation. An application for a seasonal extraction permit shall
include supporting documentation identified in Section 5.02 of this Ordinance.
9.08 Performance Standards. The performance standards identified in Section 7 shall
apply to seasonal extraction permits, with the following exceptions:
A. Hours of Operation. The same hours of operation apply to seasonal extraction
facilities, except the days of operation are limited to Monday through Friday.
and no evening activities are permitted.
B. Setbacks. The Board may modify setback requirements where appropriate.
11
9.09 General. All other terms and conditions of this Ordinance not in conflict with
Section 9 shall apply.
SECTTON 10. ENFORCEMENT
10.01 The operator grants the Township's officers and representatives access to the
facility during normal operation hours to inspect the mineral extraction facility and �
enforce the provisions of this Ordinance.
10.02 The operator shall be responsible for the repair and maintenance of public and
private property which is damaged by it, its agents or employees in conducting business
or any other activity associated with the mineral e�raction facility.
10.03 A development agreement will be required for all mineral extraction permits,
including seasonal extraction permits,
10.04 The operator shall hold the Township harmless against all claims by third parties
for damage or costs incurred in the development of the subject properry. The operator
shall indemnify the Township for all costs, damages, or expenses incurred by the
Township arising from such claims, including attorney's fees.
SECTION 11. FEES
11.01 The applicant shall pay for the application fee and any estimated expenses to be
incurred by the Township before an application will be processed.
11.02 The applicant shall reimburse the Township for all out of pocket expenses
incuned by the Township in the review of the application, public hearings, preparation of
documents, inspections and enforcement of this Ordinance.
11.03 The Board shall establish fees for the issuance of mineral extraction permits and
seasonal extraction permits by resolution. Fees must be paid at the time of issuance and
thereafter on or before January lst of each year for the renewal of permits that have not
been terminated. Failure to pay renewal fees shall be a violation of this Ordinance.
SECTION 12. FINANCIAL GUARANTEE
12.01 The Township shall require a performance bond, cash escrow or a Ietter of credit,
in a form acceptable to the Township, to guazantee compliance with this Ordinance and
the terms and conditions of the development agreement. The Township shall have the
right to use the financial guarantee to remove stockpiles and complete site rehabilitation
and correct other deficiencies or problems caused by the operator, in the event the
operator is in default of the permit obligations. The amount of financial guarantee shall
be equal to Two Thousand Two Hundred Fifty Dollars ($2250.00) for every acre
authorized in the current phasing plan of the permit. The financial guarantee shall
12
remain in full force and effect for a minimum period of one and one-half (1 1/2)years
beyond the expiration date or renewal date of the permit.
SECTION 13. LIABILITY INSURANCE
13.01 The operator shall, at all times procure and maintain at the operator's expense
general public liability insurance and automobile liability insurance. This insurance shall �
cover claims for bodily injuries, wrongful death, and property damage occurring as a
result of the operator's performance of its duties under this Ordinance. Such insurance
shall afford protection to a limit of not less than Five Hundred Thousand Dollars
($500,000) in respect to injuries or death to a single person, to a limit of not less than
One Million Dollars ($1,000,000) in respect to any one accident or occurrence, and to a
limit of not less than Two Hundred Thousand Dollars ($200,000) in respect to property
damage. The Township shall be named an additional insured on all such policies of
insurance. The operator shall file with the Township a certificate evidencing coverage
before the commencement date of the term of the mineral extraction permit. The
certificate shall provide that the Township must be given thirty (30) days written notice
of the cancellation of insurance.
SECTION 14. VALIDITY
14.01 Should any provision of this ordinance be declared by the courts to be invalid,
such decision shall not affect the validity of this ordinance as a whole or any other part
thereof, unless so specified in the judgment. If the courts declare the application of any
of the provisions of this ordinance to any individual, use, property or structure to be
invalid, such judgment shall not affect the validity of said application of any provision to
any other individual, use, property or structure, unless so specified in the judgment.
SECTION 15. VIOLATIONS AND PENALT'IES
15.01 Any person who violates or fails to comply with any provisions of this ordinance
shall be guilty of a misdemeanor and upon conviction thereof shall be punished to the
maximum extent authorized in Minnesota Statutes Section 412.231, as amended from
time to time. Each day the violation continues shall constitute a separate offense.
SECTION 16. REPEALS
16.01 Ordinance No. 440 and all amendments thereto are hereby repealed. Parts of
other ordinances in conflict with this Ordinance to the extent of such conflict and no
further, are hereby repealed.
13
SECTION 17. EFFECTIVE DATE
The effective date of this Ordinance shall be upon its passage and publication according
to law.
Adopted this l Oth day of December ,1996,
ATTEST:
G.E. Stetzel, Chairman
Floyd G. Henry, Clerk-Treasurer
Published in the Farmington Independent this day
of ,1996.
14
ORDINANCE NO. 450-A
AN ORDINANCE ANIENDING ORDINANCE NO. 450
THE EMPIRE TOWNSHIP MINERAL EXTRACTION ORDINANCE �
The Board of Supervisors of Empire Township Ordains as Follows: �
SECTION I. Section 8.O1B. of Ordinance No. 450 is amended to read:
8.O1B. Upon a violation of a condition under which the permit was issued, but
only after the Township has first provided written notice to the operator (and the
landowner, if different from the operator), describing with particularity the
specific violation(s) and the steps necessary to cure the violation(s). Excepting
threats to public health, safety and welfare or violations with simple remedy, the �
operator shall have a period not exceeding sixty (60) consecutive days to cure the
specific violation(s). If the 60-day remedy period overlaps with or occurs within
a period of seasonal shutdown, and the violation(s) are not easily remedied or do
not pose a threat to public health, safety and welfare, the 60-day period may be
extended to include the seasonal shutdown period. Upon notice of violation(s)
which may threaten the public health, safety and welfare or are easily remedied,
the operator shall respond promptly and cure the violation(s) in the shortest
reasonable rimeframe.
SECTION II. Section 10.02 of Ordinance No. 450 is amended to read:
I0.02. The operator shall be responsible for the repair and maintenance of public
and private property in the Township which is acknowledged by the operator to
be or proven to be damaged by it, its agents or employees in conducting business
or any other activity associated with the mineral extraction facility.
SECTION III. Ordinance No. 450-A was adopted on December 9, 1997 and shall �
become effective upon publication in the official newspaper.
ATTEST:
G.E. Stelzel, Chairman
Floyd G. Henry, Clerk-Treasurer .
t
ORDINANCE NO. 450
AN ORDINANC'E ESTABLISHING REGULATIONS AND STANDARDS FOR
MIlVERAL EXTRACTION
The Board of Supervisors of the Township of Empire ordains as follows:
SECTION 1. TTTLE
1.01 This ordinance shall be known and cited as the Empire Township Mineral
Extraction Ordinance, except as refened to herein as "this Ordinance."
SECTTON 2. PURPOSE
2.01 The purpose of this Ordinance is to protect the public health, safety and welfare
through the following:
A. Identify areas in the community where mineral extraction is most appropriate
and minimizes conflicts with commercial agricultural, residential and other land
uses.
B. Establish permitting requirements, environmental review procedures and .
performance standards to regulate mineral extraction.
C. Establish standards which distinguish between longer term and shorter term
mineral e�raction activities.
D. Establish standards which prevent or minimize environmental and aesthetic
impacts on extracted properties, adjacent properties and the community as a
whole.
E. Establish standards and financial guarantees that restore extracted land to a
condition compatible with adjacent properties and suitable for future uses which
are compatible with the Empire Township Comprehensive Plan.
SECTION 3. DEFINITIONS
3.01 When used in this Ordinance, the following terms shall have the meaninj
associated with them:
AccessorX Uses: Accessory uses of a mineral extraction facility may include the
manufacture, storage and sale of products made from minerals on the premises and
storage and sale of minerals and topsoil not extracted on the premises.
Board: The Board of Supervisors of Empire Township.
Commission: The Planning Commission of Empire Township.
1
Comprehensive Plan: The Empire Township Comprehensive Plan.
Dust: Airborne mineral particulate matter.
Excavation: The movement or removal of soil and minerals.
Mineral: Sand, �avel, rock, clay and similar higher density non-metallic natural
minerals.
Mineral Extraction: The removal of sand, gravel, rock, clay and other minerals from the
ground.
Mineral Extraction Facilitv: Any area that is being used for removal, stockpiling,
storage, and processing of sand, gravel, topsoil, clay, and other minerals.
Mineral Extraction Permit: The permit required for minerai extraction facilities which
may operate for several years.
Operator: Any person or persons, partnerships or corporations or assignees, including
public or governmental agencies, engaging in mineral extraction.
Principal Use: The principal use of a mineral extraction facility is the extraction,
crushing, screening, mixing, storage and sale of minerals from the facility.
Processin�: Any activity which may include the crushing, washing, stockpiling,
compounding, mixing, or treatment of sand, gravels, rocks, or similar mineral products
into consumable products such as construction �ade sand, gravel, concrete, asphalt, and
other similar products.
Rehabilitation: To renew land to self-sustaining long-term use which is compatible with
contiguous land uses, present and future, in accordance with the standards set forth in this
Ordinance.
Seasonal Extraction Facilitv: Any area where mineral extraction is permitted on an
temporary, seasonal basis, not to exceed two years in operation.
Seasonal Extraction Permit: The permit required for seasonal extraction facilities which
may operate for one or two years.
Soil: A natural three dimensional body of the earth's surface.
Subiect Propert� The land on which mineral extraction is permitted.
Topsoil: The upper portion of the soils present that is the most favorable material for
plant growth.
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Townshin: The Township of Empire, Dakota County, Minnesota.
Zoning Ordinance: The Empire Township Zoning Ordinance.
SECTION 4. PERMIT REQUIRED
4.01 It is unlawful for any person, firm, or corporation to e�ctract or process minerals
in the Township without obtaining a permit required in this ordinance.
4.02 Mineral extraction shall only be allowed in that portion of the Township
designated in the Mineral Extraction Overlay District of the Comprehensive Pian.
4.03 Mineral extraction shall only be allowed in that part of the Township zoned
Mineral Extraction District.
4.04 Exceptions:
A mineral extraction permit shall not be required for any of the following:
A. Excavation for a foundation, cellar or basement of a building if a building
permit has been issued.
B. Excavation by state, county, city, or township authorities in connection with
construction or maintenance of roads, highways, or utilities, conducted solely
within permanent easement areas or rights-of-way.
C. Curb cuts, utility hook-ups or street openings for which another permit has
been issued by the Township.
D. Excavation less than one hundred (100) square feet in area or one foot in
depth.
E. Excavation or grading for agricultural purposes.
F. Mineral Extraction in which a seasonal extraction permit has been issued.
G. Other activities in which a permit has been issued, site grading is allowed
and mineral extraction is clearly an incidental activity.
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SECTION 5. 1VIIlVERAL EXTRACTION PERMIT APPLICATION
REQUIREMENTS
5.01 Application form:
An application for a mineral extraction permit shall be submitted to the Tovmship on a
form supplied by the Township. Information shall include but not be limited to the
following:
A. Name, address, phone number, contact person for the operator.
B. Name, address, phone number of the landowner.
C. Acreage and complete legal description of the property on which the facility
will be located, including all contiguous property owned by the landowners.
D. Acreage and complete legal description of the property on which the mineral
e�raction permit will apply.
E. Estimated type and quantity of material to be extracted.
F. Estimated time frame to operate the facility.
G. A description of all vehicles and equipment estimated to be used by the
operator in the operation of the facility.
H. A description of the estimated average daily and peak daily number of
vehicles accessing the facility, including a breakdown of operator owned and
non-operator owned vehicles.
I. A description of the haul routes within the Township to be used in the
operation of the facility.
5.02 Supporting Documentation:
Every application for a mineral extraction permit shall include submission of supporting
documentation which shall include, but may not be limited to the following:
A. A description of existing land uses on the subject property and all properties
within one-half(1/2) mile.
B. A description of land use designations in the Comprehensive Plan and zoning
classifications of the subject property and all properties within one-half(1/2)
mile.
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C. A description of the soil, vegetation, mineral content and topography of the
subject property. A minimum of three (3) soil boring logs representative of the
site and a description of the subsurface materials on the subject property must be
submitted.
D. A general description of surface waters, existing drainage patterns and
groundwater conditions within one-half(1/2) mile of the subject property.
E. A general description of any wells or private sewer systems of record,
pipelines, power lines and other utilities or appurtenances on the subject property
and adjacent properties.
F. A general description of the depth, quantity, quality and intended uses of the
mineral deposits on the subject property.
G. Existing topography of the subject property, illustrated by contours not
exceeding ten-foot intervals.
H. Proposed topography of the subject property after mineral extraction has been
completed, illustrated by contours not exceeding two-foot intervals.
I. A phasing plan which illustrates the sequencing of mineral extraction, the
locations of processing equipment, mineral stockpiles, staging areas, accessory
uses and access routes.
J. Copies of MPCA application documents and operating permits.
K. A description of the site hydrology and drainage characteristics during
extraction for each phase. Identify any locations where drainage of any disturbed
areas will not be controlled on the subject property and plans to control erosion,
sedimentation and water quality of the runoff.
L. A description of the potential impacts to adjacent properties resulting from
mineral extraction and off-site transportation, including but not limited to noise,
dust, surface water runoff, groundwater contamination, traffic and aesthetics.
M. A description of the plan to mitigate potential impacts resulting from mineral
extraction.
N. A description of site screening, landscaping and security fencing.
O. A description of site rehabilita.tion in each phase of operation and upon
completion of mineral extraction on the subject property.
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P. A description of the method in which complaints about any aspect of the
facility operation or off-site transportation are to be received and the method
which complaints are to be resolved.
SECTION 6. PERMITTING PROCEDURE
6.01 Interim Use Permit
Mineral e�raction permits shall be considered and processed by the Township as interim
use permits. The procedures are defined in the Zoning Ordinance.
A. Applicants are encouraged to contact the Township for an administrative
interpretation of the compatibility of the proposed mineral extraction activity with
the Comprehensive Plan and Zoning Ordinance.
B. Applicants are encouraged to appear before the Planning Commission to make
a preliminary presenta.tion on the conceptual nature of the proposed extraction
activity.
C. A copy of the application and required supporting information shall be
forwazded to the Township or its designee. Within ten (10) business days of
receipt of the information a determination of the completeness of the application
and supporting documentation will be made. If the application is complete, the
environmental review process will begin. If the application is incomplete, the
Township will identify the information which must be submitted before formal
review may commence.
D. Any application which is inconsistent with the Comprehensive Plan, will be
denied. The applicant has the right to submit an application to the Township to
amend the Comprehensive Plan, according to procedures established by the
Township.
E. Within thirty (30) days of receipt of a complete mineral extraction permit
application, the Township will order an Environmental Assessment Worksheet to
be prepared, according to Minnesota Rules, Chapter 4410.
F. Upon completion of the environmental review process, the Township will
process the mineral extraction permit. The Township may require that the
applicant submit additional information to address or clarify any issues raised in
the environmentaI review. The formal review process will commence after
completion of the environmental review or upon receipt of additional information
required.
G. Within thirty (30) days of receipt of all required information and upon
completion of the environmental review process, the Planning Commission shall
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hold a public hearing for the mineral extraction permit. The hearing will satisfy
the hearing requirements of the interim use permit.
H. After the public hearing, the Planning Commission shall make findings on the
permit application and submit recommendations to the Town Board.
I. If the Planning Commission and Town Boazd can not act upon the permit
application within sixty (60) days of the receipt of all required information and
completion of the environmental review process, the Township shall notify the
applicant in writing of the delay and extension of review. The Planning
Commission and Town Board must act upon the application within one hundred
twenty (120) days of the date the final application was submitted, unless an
extension of time is granted by the applicant.
J. The Town Board shall approve the permit application, deny the permit
application or approve the permit application with modification.
K. A mineral extraction permit application denied by the Town Board may not
be reapplied for, whether the same or modified application, for a period of twelve
(12) months from the date of denial.
SECTION 7. MINERAL EXTRACTION PERFORMANCE STANDARDS
7.01 The following performance standards apply to all mineral extraction facilities in
the Township:
A. Hours of Operation. Mineral extraction facilities shall operate only between
the hours of 6:00 am and 6:00 p.m., Monday through Saturday. A mineral
extraction facility may be opened one-half hour before and one hour after hours
of operation to allow for the staging and loading of vehicles hauling extracted
materials.
1.) Operators are allowed a maximum of five (5) one-day extensions to -
the hours of operation for evening work in a calendar year_ Operators
must notify the Township Clerk or a Supervisor in advance of the
proposed exception.
2.) Other exceptions to the hours of operation, such as government
agency contracts and other evening work, must be approved by the Town
Board.
B. Fencin�. The Board may require fencing, signs and barriers around artificial
ponding areas and steep sloped excavation areas.
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C. Access. All mineral extraction facilities shall have direct access to a 9-ton or
greater road.
D. Haul Routes. All trucks traveling to or from the mineral extraction facility
shall utilize 9-ton or greater roads within the Township. Operators may be
� granted a special permit to utilize roadways temporarily posted under 9-tons, �
provided adequate surety is guaranteed to cover the costs of repairing any damage
to roadways.
E. Roadway Dust Control. Operators will be responsible for providing water
trucks to control dust on all gravel roads utilized by trucks hauling to or from a
mineral extraction facility. Unless waived by the Town Board in lieu of other
remedies, watering roadways will be required when conditions warrant it and the
number of one-way truck trips from a particular mineral extraction facility
exceeds three (3) per hour.
F. Mineral Extraction Facilitv Dust Control. The Township may require
watering in a facility when it is determined that airborne dust from extraction
areas, processing activities, stockpiles or internal roadways creates a public
nuisance. Other remedies to control dust may include berming, landscaping and
enclosures for processing equipment.
G. Noise. Maximum noise levels at the facility will be consistent with the
standards established by the Minnesota Pollution Control Agency.
H. Vibration. Operators shall use all practical means to eliminate adverse
impacts on adjacent properties from vibration of equipment.
I. Air Oualitv/Water Qualit� All activities on the subject property will be
conducted in a manner consistent with the Minnesota Pollution Control Agency's
operating permits.
J. Accessory Uses. Accessory uses, such as concrete or asphalt production or
stockpiling and sale of materials not extracted on the subject property may be
considered for approval by the Township.
K. Unauthorized Stora�e. No vehicles, equipment or materials not associated
with the mineral extraction facility or not in operable condition may be kept or
stored at the facility.
L. Setbacks. No extraction activity may occur within one hundred (100) feet of
any residence and fifty (50) feet of any adjacent property, road right-of-way or
public utility. Screeners, crushers, other processing equipment and
manufacturing equipment may not be located closer than five hundred (500) feet
without berming or two hundred fifty (250) feet with berming from any
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residence. Grading plans affecting pipelines or powerline corridors will be
evaluated on a case by case basis.
M_ Phasin�. Phasing plans must be prepared for all mineral extraction facilities.
No more than ten (10) acres of land may be exposed to extraction at any one time.
A maximum of twenty-five(25) acres may be utilized at any one time for
extraction, proce.ssing, staging and stockpiling. Areas where extraction has been
completed shall be rehabilitated according to the provisions of the ordinance,
except forthat area included in the maximum thiriy-five (35) acre operational
area. The Town Boazd may allow exceptions to the phasing requirements for
topsoil and clay eartraction and will allow exceptions for phases of operation in
existence at the time of this ordinance adoption.
N. Weed Control. The operators shall be required to control noxious weeds and
mow or harvest other vegetation to maintain reasonable appearance of the site.
O. Explosives. If the use of explosives is desired by the operator, a conditional
use permit shall be required for each incident to provide adequate public notice
and input.
P. General Compliance. The operators must comply with all other federal,
state, regional, county and local laws and regulations applicable to the operation
of the mineral extraction facility, including but not limited to floodplain
management re�ulations, shoreland management regulations and zoning
ordinance rewlations.
Q. Additional Regulations. The Township may impose additional regulations
and requirements to the mineral extraction permit to protect the public health,
safety, and welfare.
R. Inactivitv. In the event less than 5000 cubic yards of material has been
removed from the faciliTy in any calendar year, the Township may terminate the
mineral extraction permit.
S. Rehabilitation Plan. A rehabilitation plan must include the grading plans,
topsoil replacement, seeding, mulching, erosion control and sedimentation control
specifications for each phase and the final site restoration. The following
minimum standards and conditions apply:
1.)Final grades may not exceed a 3:1 ratio (33%slope), except for
rehabilitated areas in existence at the time of adoption of this Ordinance.
In completing final grading in each phase, the top of the slope may begin
twenty (20) feet from property lines.
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2.)A minimum of three(3) inches of topsoil shall be placed on all graded
surfaces.
� 3.) Seeding and mulching shall be consistent with Minnesota Department
of Transportation specifications for rights-of way. Exceptions to seeding
and mulching include areas returned to agricultural production.
4.) Soil restoration, seeding and mulching must occur within each phase as
soon as final grades, or interim grades identified in the phasing plans,
have been reached. Exceptions to seeding and mulching include the
processing, storage and staging areas within each phase.
5.) Soil erosion and sedimentation control measures shall be consistent
with MPCA's "Protecting Water Quality in Urban Areas."
6.) Unless otherwise amended or approved by the Township, all final
grades and site restoration efforts shall be consistent with the
Rehabilitation Plan.
7:) Within twelve (12) months after completion of mineral extraction or
after termination of the permit, all equipment, vehicles, machinery,
materials and debris shall be removed from the subject property.
8.) Within twelve (12) months after completion of mineral e�raction or
after termination of the permit site, rehabilitation must be completed.
SECTION S. TERIVIIN�TION
8.01 The Township sha11 have the authority to terminate the mineral extraction permit
on the happening of any of the following events:
A. The date of termination specified in the interim use permit.
B. Upon a violation of a condition under which the permit was issued, but only
after the Township has first provided written notice to the operator(and land
owner if different from the operator) describing the specific violation and steps
necessary to cure the violation, and after having been given a reasonable
opportunity to cure the violation, but in no case longer than sixty (60) days.
C. Upon a change in the Township's zoning regulations which renders the use
non-conforming.
D. Upon a determination that the facility has been inactive.
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SECTION 9. SEASONAL EXTRACTTON PERMIT
9.01 Pu ose. The purpose of this section is to establish provisions for mineral
extraction on a smaller scale and shorter term basis than allowed in a mineral extraction
permit_
9.02 Eligibilitv. A seasonai eactraction permit may be issued in areas of the Township
zoned Agricultural Preservation.
A. Seasonal extraction permits are intended to allow the opportunity for mineral
extraction on land which is in close proximity to projects of short duration, such
as road construction, in or near the Township.
B. Seasonal extraction permits are also intended to allow the opportunity for site
grading, which will enhance the use of property , including land where mineral
extraction has occurred in the past and rehabilita.tion has not been completed.
9.03 Process. A seasonal e�raction permit will be processed as a Conditional Use
Permit, according to the provisions and procedures in the Zoning Ordinance.
9.04 Area Limitation. The maximum site area that may be included in a seasonal
extraction permit is ten (10) acres. The Board may expand this limitation if the subject
property includes a larger area where mineral extraction has previously occurred.
9.05 Duration. Seasonal extraction permits are valid for a period not exceeding one
calendar year. Mineral extraction operations may only occur between May 1 and
December 1 of the permit year. Site rehabilitation must be completed by June 1 of the
following year. The Board may extend the permit for a maximum of one additional year.
9.06 A�plication. An application for a seasonal extraction permit shall be submitted to
the Township on a form provided by the Township. Information requirements shall be
the same as identified in Section 5.01 of this Ordinance.
9.07 Supportin�Documentation. An application for a seasonal extraction permit shall
include supporting documentation identified in Section 5.02 of this Ordinance.
9.08 Performance Standards. The performance standards identified in Section 7 shall
apply to seasonal extraction permits, with the following exceptions:
A. Hours of Operation. The same hours of operation apply to seasonal extraction
facilities, except the days of operation are limited to Monday through Friday.
and no evening activities are permitted.
B. Setbacks. The Board may modify setback requirements where appropriate.
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9.09 General. All other terms and conditions of this Ordinance not in conflict with
Section 9 shall apply.
SECTION 10. ENFORCEMENT
10.01 The operator grants the Township's officers and representatives access to the
facility during normal operation hours to inspect the mineral extraction facility and
enforce the provisions of this Ordinance.
10.02 The operator shall be responsible for the repair and maintenance of public and
private property which is damaged by it, its agents or employees in conducting business
or any other activity associated with the mineral extraction facility.
10.03 A development agreement will be required for all mineral extraction permits,
including seasonal extracrion permits,
10.04 The operator shall hold the Township harmless against all claims by third parties
for damage or costs incurred in the development of the subject property_ The operator
shall indemnify the Township for all costs, damages, or expenses incurred by the
Township arising from such claims, including attorney's fees.
SECTION 11. FEES
11.01 The applicant shall pay for the application fee and any estimated expenses to be
incurred by the Township before an application will be processed.
11.02 The applicant shall reimburse the Township for all out of pocket expenses
incuned by the Township in the review of the application, public hearings, preparation of
documents, inspections and enforcement of this Ordinance.
11.03 The Board shall establish fees for the issuance of mineral extraction permits and
seasonal e�ctraction permits by resolution. Fees must be paid at the time of issuance and
thereafter on or before January 1 st of each year for the renewal of permits that have not
been terminated. Failure to pay renewal fees shall be a violation of this Ordinance.
SECTION 12. FINANCIAL GUARANTEE
1Z.01 The Township shall require a performance bond, cash escrow or a letter of credit,
in a form acceptable to the Township, to guarantee compliance with this Ordinance and
the terms and conditions of the development agreement. The Township shall have the
right to use the financial guarantee to remove stockpiles and complete site rehabilitation
and conect other deficiencies or problems caused by the operator, in the event the
operator is in default of the permit obligations. The amount of financial guarantee shall
be equal to Two Thousand Two Hundred Fifty Doilars ($2250.00) for every acre
authorized in the current phasing plan of the permit. The financial guarantee shall
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remain in full force and effect for a minimum period of one and one-half (1 1/2) years
beyond the expiration date or renewal date of the permit.
SECTION 13. LIABII.ITY INSUR.ANCE
13.01 The operator shall, at all times procure and maintain at the operator's expense
jeneral public liability insurance and automobile liability insurance. This insurance shall
cover claims for bodily injuries, wrongful death, and property damage occurring as a
result of the operator's performance of its duties under this Ordinance. Such insurance
shall afford protecrion to a limit of not less than Five Hundred Thousand Dollars
($500,000) in respect to injuries or death to a single person, to a limit of not less than
One Million Dollars ($1,000,000) in respect to any one accident or occurrence, and to a
limit of not less than Two Hundred Thousand Dollars ($200,000) in respect to property
damage. The Township shall be named an additional insured on all such policies of
insurance. The operator shall file with the Township a certificate evidencing coverage
before the commencement date of the term of the mineral extraction permit. The
certificate shall provide that the Township must be given thirty (30) days written notice
of the cancellation of insurance.
SECT'ION 14. VALIDITY
14.01 Should any provision of this ordinance be declared by the courts to be invalid,
such decision shall not affect the validity of this ordinance as a whole or any other part
thereof, unless so specified in the judgment. If the courts declare the application of any
of the provisions of this ordinance to any individual, use, property or structure to be
invalid, such judgment shall not affect the validity of said application of any provision to
any other individual, use, property or structure, unless so specified in the judgrnent.
SECTION 15. VIOLATIONS AND PENAL'TIES
15.01 Any person who violates or fails to comply with any provisions of this ordinance
shall be guilty of a misdemeanor and upon conviction thereof shall be punished to the
maacimum extent authorized in Minnesota Statutes Section 412.231, as amended from
time to time. Each day the violation continues shall constitute a separate offense.
SECTION 16. REPEALS
16.01 Ordinance No. 440 and all amendments thereto are hereby repealed. Parts of
other ordinances in conflict with this Ordinance to the extent of such conflict and no
further, are hereby repealed.
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SECTION 17. EFFECTIVE DATE
The effective date of this Ordinance shall be upon its passage and publication according
to law.
Adopted this lOth day of December .1996.
ATTEST:
G.E. Stetzel, Chairman
Floyd G. Henry, Clerk-Treasurer
Published in the Fannington Independent this day
of ,1996.
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ORDINANCE NO. 450-A
AN ORDINANCE A1�IENDING ORDINANCE NO. 450
THE EMPIRE TOWNSHIP MINERAL EXTRACTION ORDINANCE
The Board of Supervisors of Empire Township Ordains as Follows:
SECTION I. Section 8.O1B. of Ordinance No. 450 is amended to read:
8.O1B. Upon a violation of a condition under which the permit was issued, but
only after the Township has first provided written notice to the operator (and the
landowner, if different from the operator), describing with particularity the
specific violation(s) and the steps necessary to cure the violation(s). Excepting
threats to public health, safety and welfare or violations with simple remedy, the
operator shall have a period not exceeding sixty (60) consecutive days to cure the
specific violation(s). If the 60-day remedy period overlaps with or occurs within
a period of seasonal shutdown, and the violation(s) are not easily remedied or do
not pose a threat to public health, safety and welfare, the 60-day period may be
extended to include the seasonal shutdown period. Upon notice of violation(s)
which may threaten the public health, safety and welfare or are easily remedied,
the operator shall respond promptly and cure the violation(s) in the shortest
reasonable timeframe.
SECTION II. Section 10.02 of Ordinance No. 450 is amended to read:
10.02. The operator shall be responsible for the repair and maintenance of public
and private property in the Township which is acknowledged by the operator to
be or proven to be damaged by it, its agents or employees in conducting business
or any other activity associated with the mineral extraction facility.
SECTION III. Ordinance No_ 450.A was adopted on December 9, 1997 and shall
become effective upon publication in the official newspaper.
ATTEST:
G.E. Stelzel, Chairman
Floyd G. Henry, Clerk-Treasurer
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10-9-1 • 10-9-1
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CHAPTER 9
LAND RECLAMATION, MINING, SOIL PROCESSING
AND GENERAL EARTH WORK
SECTION:
10-9-1: Land Reclamation, Mining And Soil Processing; fnterim Use
. Permit
10-9-2: Earth Work
10-9-3: Minimum Requirements
10-9-1: LAND RECLAMATION, MINING AND SOIL PROCESSING;
INTERIM USE PERMIT:
(A) Permit Required: No person shall open, operate or maintain any land
reclamation, mining and/or soil processing use without an interim
use permit authorizing such operation, unless such use involves
earth work as defined under Section 10-9-2 of this Chapter. In the
review of proposed permits, an agreement shall be Rrepared and
executed holding the City free and harmless from any suit or claims
for damage resulting from the negligent excavation, removal or
storage of rock, sand, dirt, gravel, clay or other material.
(B) Permit Issuance: An interim use permit shall be issued only after a
public hearing by the Planning Commission and approval by the City
Council. In this review and approval process, the Planning
Commission may recommend and the City Couneil shall establish
the term of the permit and the dates for its periodic review, renewal,
and/or termination consistent with Section 10-5-5A of this Title.
(C) Termination: An interim use permit shall terminate upon the
occurrence of any of the following events; whichever first occurs:
1. The date stated in the permit.
2. A violation of conditions under which the permit was issued.
City of Burnsville
10-9-1 10-9-1
��,
3. A change in the City's zoning regulations which renders the use
nonconforming.
(D) Interim Use Permit Application: The application for an interim use
permit shall be consistent with the requirements of subsection
10-5-5A and shall contain the following:
1. A legal description of the lands from which it is proposed to
remove earth and where it is to be deposited or processed.
2. The name and address of the applicant and of the owner(s) of the -
land.
3. Names and addresses of al1 adjacent land owners within a three
hundred fifty foot (350') radius of the project, typed into list form and
on two (2) sets of mailing labels.
4. Copies of any portions of agreements indicating the duration of
any lease if applicable.
5. The purpose of the removal.
6. The estimated time required to complete the removal.
7. The highways, streets or other public ways within the City upon
and along which the material removed shall be transported.
8. The plan of operation, including soil processing (any operation
other than direct mining and removal, and not specifically addressed
in Section 10-9-2), nature of the processing and equipment, the
area, depth and grade of such processing, the estimated quantity of
earth deposits to be added to or removed from the premises,
location of the plant, source of water, disposal of water and reuse of
water. In the event that water is used in the operation of a pit,
approval from the State Department of Natural Resources and other
appropriate State or Federal agencies shall be obtained as to the
type, location and depth of such well and contained with such
application. -
9. A development plan of the property where the mining is to occur.
Such plan shall contain site analysis information such as trees,
depth of topsoil, soil type, adjacent and on-site buildings and land
uses, a map or plan of the proposed excavation showing the
� confines or limits thereof, together with the proposed finished
elevations based on sea level readings. Elevations and percent
City of Burnsville
10-9-1 10-9-1
slope within one hundred feet (100') beyond the perimeter of the
excavation and other such information necessary to analyze the site
shall be provided by the applicant. United States Geological Survey
data shall be used for alf topographic mapping where feasible.
10. A Comprehensive Restoration and End Use Plan: These plans
shall show suitable provisions for the restoration of the excavated
area to a useable condition compatible with adjacent properties.
Such plans should include anticipated final elevations throughout the
site area, a landscape plan showing the replacement of ground
covers, shrubs, trees, etc., and a plan for the return of subsoil and
topsoil. Where the City Council deems it practical and necessary,
such plan shall include adjoining related areas where excavations
have previously been made and remain under the control of the
same owner, or under the control of the same person other than the
owner to whom the permit is to be issued.
(E) Special Requirements: As part of the original or periodic review of an
interim use permit, the Council may impose one or more of the
following restrictions and requirements, either as a prerequisite to
the granting of such permit or after such permit has been granted:
1. The owner or applicant shall properly fence any pit so that such
pit or any standing waters therein may not be a hazard to the
general public or the applicant or owner shall slope the banks and
otherwise guard and keep any pit in such condition as not to be
dangerous to persons or property; provided, that the maximum
slopes shall be as follows: a three foot horizontal to one foot vertical
(3' to 1') slope must be regraded prior to the end of each season's
operations or after the pit has ceased to be operated for a period of
thirty (30) days or more.
2. The owner or applicant shall prevent water runoff damage,
including erosion on adjacent property and the deposit of material by
water runoff on adjacent property.
3. The applicant or owner shal! submit a landscape screening plan
consisting of suitable trees which shall be placed to eliminate
unsightly view of the operations.
4. On completion of the operation, the applicant shall properly drain
and level off any pit and restore the contour of the site of the
operation to a condition as indicated on the end use plan or to such
contour as recommended by the City Engineer.
City of Burnsville
10-9-1 10-9-1
��
5. Upon closing operations or leaving any particular excavation or �
area in the site, the applicant shall regrade the area which he has �
excavated or disturbed in order that no slopes are steeper than three
feet horizontal to one foot vertical (3' to 1').
6. The operation of the gravel pit shall. not affect the safety or
quantity of any well within one-quarter ('/,) mile from the pit. Proof
that the hydraulic or static effect is not detrimental to any such well
shall be provided by the applicant.
7. The Council may, at its discretion, attach such other additional �
conditions to such permits as they may deem necessary in the ..
interest of the public health, welfare and safety of the community.
8. Within a period of three (3) months after the termination of a sand
and gravel operation, or within three (3) months after abandonment
of such operation for a period of six (6) months, or within three (3)
months after the expiration of a sand and gravel permit, the operator
or owner shall dismantle or remove buildings and structures
incidental to such operation and shall grade the site to the
specifications of the final grade plan, as well as complete all
reclamation on the site as proposed by the reclamation plan.
(F) Inspections: The Council may require periodic inspections of
operations as a condition of approvaL
(G) Bond Requirement: The Council shall require the applicant, owner or
user of the property on which the proposed operation is located, to
post a bond with surety acceptable to the City or cash escrow in
such form and sum as the Council shall determine, conditioned to
pay the City the extraordinary cost and expense of repairing, from
time to time, any highways, streets or other public ways where such
repair work is made necessary by the speciat burden resulting from
the hauling and removal of material from any operation; the amount
of such cost and expense to be determined by the City Engineer;
and conditioned further to comply with all the requirements of this - -
Chapter, and the particular permit, and to pay any expense the City
may incur by having to do anything which the applicant fails to do to - �
comply with the terms of the conditional use permit.
(H) Insurance Requirement: The contractor or lessor of the land involved
shall secure and maintain such insurance from an insurance
company acceptable to the City and authorized to write casualty
insurance in the State as will protect himself, his agents and the City
from claims for bodily injury, death or property damage which may
City of Burnsuille
10-9-1 10-9-2
arise from operations under a gravel permit issued under this
Chapter. A gravel contractor shall not commence work until he has
obtained all insurance required under this Section and shall have
filed a certificate of insurance or a certified copy of an insurance
policy within the City. Each insurance policy shall contain a clause
providing that it shall not be canceled by the insurance company
without ten (10) days written notice to the City of intention to cancel.
The amounts of such insurance shall not be less than the following:
1. Workmen's compensation and employer's liability which shall be
_ secured and maintained as required by the State.
2. Public liability, personal injury and property damage:
a. Injury or death of one person; two hundred fifty thousand �
dollars ($250,000.00).
b. Injury to more than one person in a single accident; five
hundred thousand dollars ($500,000.00).
c. Property damage; two hundred thousand dollars
($200,000.00).
3. Automobile and truck public liability, personal injury and property
damage, including owned and nonowned vehicles:
a. Injury or death of one person; two hundred fifty thousand
dollars ($250,000.00).
b. Injury to more than one person in a single accident; five
hundred thousand dollars ($500,000.00).
c. Property damage; one hundred thousand dollars
($100,000.00).
10-9-2: EARTH WORK:
(A) Intent: Earth work not specifically associated either with land
reclamation, mining or soil processing as a long-term operation or
with the operation of a business, shall be regulated under this
Section.
(B) Scope: Earth work which involves ninety (90) or more cubic yards of
material for the excavation, filling, grading, shaping, moving or
City of Burnsville
1 D-9-2 10-9-2
general soil disruptions for the purpose of making improvements to
the property or facilitating development of the property is allowed
when reviewed by the Development Review Committee, found to be
in keeping with the goals, policies, and general intent of the City,
and found to be in compliance with all applicable City, County, State,
or Federal regulations. Earth work which involves less than ninety
(90) cubic yards for excavation, filling, grading, shaping, moving or
general soil disruptions is allowed by the City without review or a
permit when all work is performed consistent with City goals and
policies.
(C) Application for Permit: Prior to the start of any earth work involving
ninety (90) or more cubic yards of material, approval is required by
the Development Review Committee, and an earth work permit must
be issued by the Protective Inspections Department. A woodland
identification survey' must be completed indicating which trees and
underbrush area will be removed and which one will be saved,
protected and appropriately bonded for. The applicant shall also
provide plans and drawings showing the following items:
1. Existing contour lines showing existing topography.
2. Proposed contours.
3. Cut slopes not to exceed a 2:1 grade.
4. Fill slopes not to exceed a 3:1 grade.
5. Location and type of retaining walls.
6. Location of areas requiring soil stabilization measures.
7. Identification and location of all utilities and easements.
8. Tree locations and removal methods, if any.
9. Location and identification of erosion control methods.
10. Location and diagram of all truck pads entering onto all public
roads, if any.
1. See Section 10-8-9 of this Title.
.._�
a
City of Burnsville
10-9-2 10-9-2
`
' 11. If excavation removal is necessary, outline of truck routes and
dumping area.
12. Estimation of total cubic yards of materials to be moved.
13. Description of estimated length of time necessary for grading
work.
14. Composition of fill material.
15. Identification of type of soil stabilization, sod or seed.
16. Provide a landscape plan which indicates type, size and Iocation
of existing and proposed trees and shrubs, if any.
(D) The Development Review Committee may authorize the issuance of
an earth work permit upon review of the grading plan, cuUfill plan,
erosion control information, and surety for the following work:
1. Construction or improvement of a roadway. -
2. Excavation or filling in accordance with an approved site plan or
preliminary plat.
3. Excavation or filling for the purpose of preparing land which in its
original condition cannot be developed according to the designated
zoning.
4. Decorative landscaping when the reshaping or contouring of land
does not disrupt surrounding properties or create drainage problems.
(E) Prior to the issuance of an earth work permit, the owner shall supply
the City with all necessary information regarding erosion control
measures and a bond for eight hundred dollars ($800.00) per acre or
percent thereof. Upon the completion of the project and the
determination that all erodible areas have been adequately
�' stabilized, the erosion control bond will be released.
(F) Upon completion of all earth work, all excess soil, paving materials,
sticks, stones, trees, stumps, and any other debris shall be promptly
removed.
(G) The Development Review Committee cannot authorize the issuance
of an earth work permit to any owner if the proposed plans cannot or �
do not comply with current environmental requirements, i.e.,
City of Burnsville
10-9-2 10-9-3
�.�
shoreland, woodland, severe slope, wetlands regulations or any
other pertinent City, State or Federal requirements, until the plans
have been reviewed and approved by the City and all other
appficable regulating authorities.
10-9-3: MINIMUM REQUIREMENTS: The following minimum
requirements shall apply to all land reclamation, mining, and
soil processing operations, and all earth work operations that require a
permit under Sections 10-9-1 and 10-9-2:
(A) The outer limit or edge of any mining operation shall not be closer
than one hundred feet (100') to any abutting property line. Soil
excavation may occur within one hundred feet (100') of any property
line when the proposed grading plan has been approved by the City �
Engineer.
(B) Finished slopes or any edge contiguous to property owned by others
shall not be less than a ratio of three feet horizontal to one foot
vertical (3' to 1'), or as approved by the appropriate regulating
authority.
(C) All trees, stumps and debris must be disposed of within thirty (30)
days in a manner which complies with current regulations and which
is consistent with the proposed end use plan.
(D) No mining operations shall be closer than one hundred feet (100') to
the right-of-way fine of any existing street, road or highway, except
upon approval by the City Council.
(E) The operator shall be responsible for lowering any well so as to
provide potable water for each individual whose well is affected by
the proposed operations.
(F) All rocks which are not crushed and which are one foot (1') or larger
in size shall be removed from the site, buried after termination of "
operations, or used on site as a landscape feature.
(G) Any storm or surface water cast into the excavation shall be the
responsibility of the operator.
(H) The operator shall operate and maintain all equipment in such a
manner as to minimize air pollution. Any emission whicfi can cause
any damage to health, animals or vegetation or other forms of
property or which can cause an excessive silting at any point or any
City of Burnsville
10-9-3 10-9-3
emission of any solid or liquid particles in concentrations exceeding
air quality regulations shall be prohibited.
(I) Upon termination of the operation, any pit or excavation created
- shall be regraded or modified according to the end use plan.
(J) All excavated materials shall be removed from the premises
especially within highways, streets or other public ways as the
Council shall order and direct.
(K) No noise resulting from the excavation use shall exceed the most
current noise control regulations.
(L) Any vibration resulting in any combination of amplitude and
frequencies beyond the "safe" range of the most current standards of
the United States Bureau of Mines for any equipment or structure
shall be prohibited.
(M) The slope of banks during the excavation of material shall be kept in
such a condition so as not to be dangerous because of overhangs,
sliding or caving banks. Such dangerous conditions shall be declared
to be a nuisance and the City may give notice to the operator or
owner to abate the same.
(N) The removal of natural vegetation shall be restricted to prevent
erosion into water bodies, to consume nutrients in the soil and to
preserve shoreland aesthetics. Removal shall be restricted within a
strip paralleling a lakeshore, river or stream and shall extend inland
a minimum distance of one hundred feet (100') from the normal high
water mark as determined by the point where the natural vegetation
changes from predominately aquatic to predominately terrestrial. The
owner or operator shall be required to comply with the environmental
elements established in Chapter 8 of the Zoning Ordinance.
(0) The hours of operation shall be limited from seven o'clock (7:00)
A.M. to seven o'clock (7:00) P.M. daily, provided that no excavation,
crushing, processing or trucking shall be conducted on Saturdays,
Sundays or legal holidays with the exception of Columbus Day and
Veterans Day except upon approval by the City Council. Certain
activities such as loading, maintenance and repair of equipment and
hauling by barge may be allowed; provided that these activities do
not cause undue noise or disturbances to adjoining property or
facilities and that these activities are specified in the operations
plans and approved by the Municipality at the time of issuance of the
permit.
City of Burnsville
10-9-3 10-9-3
�
(P) All fill material shali be clean, compactible fili, and shall not contain __,
refuse, construction debris, or any other items (tires, barrels,.
furniture, etc.) not found in soils. The fill material must be approved
by the City Engineer and Protective Inspections Division if the fill
area will be used for a road or building construction site.
(Q) Any of these provisions may be waived by the City Council when
determined that a complete and proper showing in the plan of
operation and/or end use plan that other provisions would be more
suitable. (Ord. 396, 1-22-91)
T
City of Burnsville
WASHINGTON COUNTY DEVELOPMENT CODE �
CHAPTER SEVEN
MINING REGULATIONS
Table of Contents
SECTION 1. INTENT AND PURPOSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
SECTION 2. SCOPE AND APPLICABILITY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION 3. GENERAL PROVISIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION 9. DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
SECTION 5. APPLICATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION 6. OPERATING CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
SECTION 7. RECLAMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
SECTION 8. INSURANCE, FINANCIAL GUARANTEES, FEES& INSPECTIONS . . . . . . . . . . . 20
SECTION 9. VIOLATIONS& PENALTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
SECTION 10. TERMINATION OF PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
SECTION 11. EFFECTUATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Effective Chapter Seven❖Mining Regulations
WASHINGTON COUNTY DEVELOPMENT CODE
CHAPTER SEVEN
MINING REGULATIONS
This Chapter of the Washington County Development Code shall be known as the Washington County Mining
Regulations and may be referred to in this Chapter as"this Chapter" or the "Mining Regulations". This mining
regulation is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 394.
SECTION 1. INTENT AND PURPOSE
1.1 Short Title. This Ordinance shall be known, cited and referred to as the Washington County Mining
Ordinance; except as referred to herein, where it shall be known as, "This Ordinance."
1.2 Purpose. This Ordinance is adopted for the purposes of:
(1) Providing for the economic availability and removal of sand, gravel, rock, soil and other
materials vital to the continued growth of Washington County.
(2) Establishing regulations, safeguards and controls in the unincorporated areas of the County
regarding noise, dust, traffic, drainage, groundwater quality and other factors which will
minimize the environmental and aesthetic impacts on mined or adjacent property.
(3) Reducing the potential for pollution caused by wind, soil erosion and sedimentation.
(4) Establishing locations, orderly approval process and operating conditions under which
mining operations will be allowed in the unincorporated areas of the County and to establish
conditions which ensure the restoration of mined areas consistent with the existing and
planned land use patterns.
(5) Ensuring compliance with the regulations established in this ordinance on those mining
operations presently operating in Washington County.
(6) Distinguishing between operations operating with a permit prior to the effective date of this
ordinance and operators who do not have a permit prior to the effective date of this
ordinance. Those operators with a pernut shall be allowed to continue according to the terms
and conditions of their pre-existing permit. Those operators without permits shall be
allowed to continue, subject to obtaining a preliminary permit and shall be allowed to expand
or continue their operation only if they comply with the terms and conditions of this
ordinance. The purpose of the preliminary pernut is to bring operators without a permit into
compliance with the performance standards of this ordinance and establish a time frame
within which they must apply for a conditional use permit.
Washington County Development Code 1
Chapfer Seven ❖Mining Regulations Effective
SECTION 2. SCOPE AND APPLICABILITY
2.1 Adoption of the Washington County Mining Ordinance
(1) There is hereby adopted, for purposes of regulating the removal and processing of sand,
gravel, rock, soil or other deposits, the Washington County Mining Ordinance. This
Ordinance applies to all lands within the unincorporated areas of Washington County. It is
not intended by this Ordinance to repeal, amend, or in any way impair or interfere with
existing provisions of other laws or ordinances except those specifically repealed by, or in
conflict with this ordinance, or with private restrictions placed upon property by deed,
covenant, or other private agreement, or with restrictive covenants governing the land.
Where this Ordinance imposes a greater restriction upon the land than is imposed or required
by such existing provisions of law, ordinance, contract or deed, the provisions of this
Ordinance shall control. In the event of conflicting provisions in the text of this Ordinance,
or any other County Ordinance, the most restrictive shall apply. If any township within the
County has more restrictive provisions than this Ordinance, the more restrictive provision
would apply.
SECTION 3. GENERAL PROVISIONS
3.l Pre-permitted Uses. Mining operations operating with a valid Conditional Use Permit issued by
Washington County and in compliance with the terms and conditions of said Conditional Use Permit
shall be permitted to continue subject to the following:
(1) Such uses shall not be permitted to expand, either in size or use, beyond the limits set forth
in the Conditional Use Permit without first obtaining a new Conditional Use Permit.
3.2 A mining permit is required for all mining operations and are subject to the following:
(1) The operation of a mining operation without a valid Conditional Use Permit or an operation
in violation of Section 3.2 (2) is declared to be a nuisance, and it shall be unlawful for any
person, partnership, company or corporation to engage in mining in violation of this section,
or for any property owner to permit a person to mine their property in violation of this
section.
(2) Preliminary Pernut. All mining operations operating within Washington County without a
valid Conditional Use Permit issued by Washington County as of the effective date of this
ordinance shall apply for a preliminary permit within 90 days following the effective date
of the ordinance. The application shall be in writing on forms provided. LJpon receipt of
an application and proof that the operation is in compliance with the reporting and payment
of aggregate removal tax requirements of Washington County Ordinance No. 33,
Washington County will issue a preliminary pernut for the existing operation.
(3) The pernut shall stipulate that the operational standards contained in Sections 5.5, Protection
of Water Tables; 5.12, Abandoned Wells; 6.1 (1), Setbacks; 6.1 (2), Fencing; 6.1 (3),
2 Washington County Development Code
Effe.ctive Chapter Seven❖Mining Regulations
Hours of Operation; 6.1 (5), Dust Control; 6.1 (6), Noise; 6.1 (7), Depth of Excavation; 6.1
(8), Site Clearance; 6.1 (9), Appearance/Condition; 6.1 (14), Processing; 6.1 (15),
Recycling; 6.1 (17), Asphalt and Concrete Ready Mix Plants; 6.1 (18), Fuel Storage; 7.2,
Timing of Restoration; and 7.6, Topsoil; must be complied with. Issuance of the preliminary
permit shall not be binding on the County with regard to approval of a conditional use
permit. Preliminary permits shall restrict the operator to the same type of operation as
existed on the effective date of this Ordinance and the amount of material that may be
removed annually prior to the issuance of a Conditional Use Permit shall not exceed the
highest quantity of material removed in any one of the last 5 years, as evidenced by the
reports filed with Washington County pursuant to Section 3 of Washington County
Ordinance No. 33, the Aggregate Removal Tax Ordinance.
(4) The information contained in the preliminary permit shall be used by the Zoning
Administrator to prioritize existing mining operations as to their potential aesthetic and
environmental impacts. The impacts shall be the basis on which the Zoning Administrator
provides notification to existing operations of the need for a Conditional Use Pernut.
Existing operations must apply for a Conditional Use Pernut within 90 days of being notified
by the Washington County Zoning Administrator of the need for a permit. If no permit is
applied for and/or subsequently issued, all mining operations shall cease and the property
restored in accordance with the provisions of this ordinance.
(5) The Conditional Use Permit issued by Washington County shall be valid for a maximum of
5 years. If the operator seeks to continue beyond expiration, an application for a new permit
must be applied for at least 90 days prior to the expiration of the current permit. An annual
permit issued by the local Township is required each year as specified below. An annual
report must be submitted to the Washington County Zoning Administrator each year
specifying the amount of material removed, area in which mining took place, restoration
performed, area proposed to be mined within the next year, and evidence the required bond
and insurance is valid.
(6) In order for Washington County to grant a Conditional Use Permit for a new mining
operation or the expansion or change in use of an existing operation, whether under permit
or not, all of the following criteria must be met:
(A) The subject property is in an AP, A-1, A-2, A-4, RR, CI-R, CI-U ZONING
DISTRICT;
(B) the property is at least 4� acres in size;
(C) all other standards for approval of a conditional use permit as contained in Chapter
One, Section 9, of the Washington County Development Code are met;
(D) the operation is consistent with the Washington County Comprehensive Plan; and"
Washington County Development Code 3
Chapter Seven❖Mining Regulations Effective
(E) compliance with all provisions of this Ordinance.
Provided, however, that for operations existing on the effective date of this Ordinance, who
are not pre-permitted uses and who do not seek to expand their operation beyond the
standards set forth in their preliminary permit, need only comply with performance standards
contained 'in this ordinance.
. 3.3 The town board of the township within which the property being mined is located shall issue the
annual permit as required by this Ordinance subject to the following:.
(1) Prior to the issuance of the annual permit, a copy thereof shall be submitted to the
Washington County Zoning Administrator who will review it to see that it complies with the
requirements of this Ordinance and the County permit issued. If the permit conforms to the
requirements of this Ordinance and any more restrictive conditions set forth by the
Township, the annual permit may be issued. If it does not conform with the County Permit,
the Washington County Zoning Administrator shall refer it to the Washington County
Planning Advisory Commission for review.
(2) If the local town board does not want to be involved with the issuance of annual permits as
required by this Ordinance, they shall so notify the County Zoning Administrator of this
fact. If this is the case, the Washington County Planning Advisory Commission shall
administer all of the provisions of this Ordinance. If the Washington County Planning
Advisory Commission is the administrating agency then any action taken by them with
respect to the issuance or denial of an annual permit may be appealed to the Washington
County Board of Commissioners by the applicant or any affected property owner.
SECTION 4. DEFINITIONS
4.1 For the purpose of these regulations, certain terms and words are hereby defined as follows:
(1) Bond. Any form of security including a cash deposit, surety bond, collateral, or instrument
of credit in an amount and form satisfactory to Washington County. All bonds shall be
approved by Washington County wherever a bond is required by these regulations.
(2) Conditional Use. A land use or development as defined by Ordinance that may not be
appropriate generally, but may be allowed with appropriate restrictions as provided by
official controls upon a fmding that (1) certain conditions as detailed in the zoning ordinance
exist, (2) the use or development conforms to the comprehensive land use plan of the County
and (3) is compatible with the existing neighborhood.
(3) Confined Aquifer. An aquifer overlain by a confining layer of impermeable material.
(4) Contour Ma�. A map on which irregularities of land surface are shown by lines connecting
points of equal elevations. Contour interval is the vertical height between contour lines.
(5) Count� Washington County, Minnesota
4 Washington County Development Code
Eff�ctive Chapter Seven❖Mining Regulations
(6) Fence• A partition, struture, wall, or gate erected as a dividing marker, visual or physical
barrier or enclosure.
(7) Gradin�. The removal, depositing, or moving of more than 50 cubic yards of sand, gravel,
rock, soil, clay or other deposits in less than a 1 year period on any parcel.
(8) Holidav• New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, and Christmas Day.
(9) Local Governing Bod� Town Board of respective community.
(10) Mining• The excavation, removal, storage or processing of sand, gravel, rock, soil, clay,
or other deposits. Mining shall not include the excavation, removal, or storage of rock,
sand, dirt, gravel, clay, or other material for the following purposes:
(A) Excavation for the foundation, cellar, or basement of some pending structure for
which a permit has been issued and which is to be erected 'unmediately following the
excavation, removal or storage.
(B) On-site construction of approved roads, sewer lines, storm sewers, water mains,
surface water drainage approved by the local unit of government, agriculture or
conservation purposes, sod removal, or other public utilities.
(C) Landscaping purposes on a lot used or to be used as a building site.
(D) Grading/excavation of less than 1 acre of land in conjunction with improvement of
a site for lot development, providing activities will be completed in one year. �
(11) O era or. The person, partnership, company, corporation or other business entity engaged
in or proposing to engage in a mining operation. In the event the operator is not the fee
owner of the land to be mined, then the fee owner's consent shall be required.
(12) Overburden. Those materials which lie between the surface of the earth and the mineral
deposit to be mined.
(13) Owner. An individual, firm, association, syndicate, copartnership, corporation, trust, estate,
lessee, or any other legal entiry having sufficient proprietary interest in the land sought to
be mined to commence and maintain proceedings to mine the same under these regulations.
(14) Person. Any individual, firm, association, syndicate or partnership, corporation, trust,
estate, or any other legal entity.
(15) Plannin,g Commission. The Washington County Planning Advisory Commission.
Washington County Development Code 5
Chapter Seven❖ Mining Regulations Effective
(16) Performance Standards. Those standards, operating conditions, reclamation standards, and
other requirements contained in Section 6, Section 7, and Section 8 of this Ordinance.
(17) Processing. Any activity which may include the crushing, washing, stockpiling,
compounding, mixing, or treatment of sand, gravels, rocks, or similar mineral products into
consumable products such as construction grade sand, gravel, concrete, asphalt, and other
similar products.
(18) Reclamation, Restoration, Rehabilitation. To renew land to a self-sustaining, long term use
which is compatible with contiguous land uses and which process shall include the
reestablishment of vegetation, soil stability and establishment of safe conditions appropriate
to the intended use of the land in accordance with the County's Comprehensive Plan and the
Conditional Use Permit conditions allowing for excavation and/or processing on the site.
(19) Stock�iling. Storage of processed or raw materials on the site of the sand, gravel or rock
operation.
(20) Survey, Land. The process of determining boundaries and areas of tracts of land.
(21) Topsoil. That portion of the overburden which lies within the "A" and "B" horizon of soil
closest to the surface and which supports the growth of vegetation.
(22) Unconfined Ac�uifer. An aquifer not naturally protected by a confining bed, also known as
the w,ater table aquifer.
SECTION S. APPLICATION �
S.1 The application for a Conditional Use Permit for a mining operation must be filed with the
Washington County Zoning Administrator. The Zoning Administrator shall follow procedures
prescribed in Chapter One, Section 9, Conditional Uses, of the Washington County Development
Code. Application for renewal for a permit must be made 90 days prior to the termination of the
previous permit. The application must be made in the name(s) of the operator of the mine and
owner of the land to be mined.
5.2 The application shall contain the following:
(1) The name and address of the operator and owner of land.
(2) An accurate legal description of the property where the mining shall occur.
(3) Names of the adjacent landowners including all those within a one-half(1/2) mile radius of
the property.
(4) Survey indicating property boundaries.
6 Washington County Development Code
Effective _ Chapter Seven❖Mining Regulations
(5) A map of the property where the mining is to occur that clearly indicates the property lines
and the limits of the proposed excavation. Topographic data, including contours at 2 foot
vertical intervals. Water courses, marshes, wooded areas, rock outcrops, power
transmission poles and lines, and other significant features shall also be shown. U.S.G.S.
datum shall be used for all topographic mapping. Existing Operations who previously had
topographic data completed at 4' intervals is acceptable provided they were done utilizing
aerial photography or actual field investigation. Interpolated data from U.S.G.S. Quadrangel
maps is not permitted.
(6) A nanative outlining the type of material to be excavated, mode of operation, estimate of
amount of material to be removed, plans for blasting, and other pertinent information to
explain the request in detail.
(7) A fee as established by resolution of the County Board of Commissioners.
(8) A general location map showing the proposed mining site in relation to the community.
(9) A map showing access routes between the property and the nearest arterial road.
(10) Roads or streets: show name, right-of-way width and travelled portion width.
(11) Easements: show widths and identify utility or other purposes.
(12) Natural land features: show locations of watercourses and drainageways, flood of record,
wetlands, sinks, basins, and wooded areas.
(13) Man-made features: show buildings and other structures, dams, dikes, and impoundments
of water.
(14) Adjacent land features: all of the standards above shall apply to delineation of the area within
300 feet of the perimeter of the mined area. In addition, show all platted subdivision lots,
metes and bounds parcels, and all homes within 1/4 mile of the property boundaries.
(15) Groundwater: a plan for groundwater quality protection shall be submitted with the
application. The plan shall include a minimum of 3 borings showing depth to groundwater.
If groundwater is not encountered at a depth of 15 feet below the bottom of the proposed pit
floor, the applicant need not extend borings any further.
(16) Cross-sections: a minimum of 3 cross-sections showing the extent of overburden, extent of
sand and gravel deposits, the water table, and any evidence of the water table in the past.
The Planning Commission reserves the right to require additional borings if necessary.
(17) Processing areas shall be identified and boundaries shown to scale.
(18) Access road to processing and mining areas shown to scale.
Washington County Development Code 7
Chapter Seven❖Mining Regulations Effective
(19) Sequences of operation showing approximate areas involved shall be shown to scale and
serially numbered with a description of each.
(20) Location of screening berms shall be shown to scale, and notes shall be provided indicating
when they will be used as reclamation material. In the same manner overburden storage
areas shall be identified and noted.
(21) Fences and gates shall be shown on the site map, and their type or construction shall be
described.
(22) Proposed location of principal service or processing buildings or enclosures shall be shown,
as well as location of settling basins and process water ponds.
(23) Site drainage features shall also be shown and flow directions indicated.
(24) Lighting. Set forth the planned lighting of the area and any other equipment or structures
that will be installed or built.
(25) Reclamation plan in conformance with Section 7.
(26) The operator must indicate if blasting is proposed as part of the mining operation and
frequency of blasting.
(27) Any other information or reports the Planning Commission deems necessary for purposes
of evaluating environmental or aesthetic impacts.
(28) Township Review. Upon submittal of an application to the County, the County shall send
the application to the Township in which the property to be mined is located for review. For
purposes of establishing the County public hearing date on the application, the application
shall be deemed complete upon the earlier of the expiration of thirty (30) days from the date
the application is sent to the Township or receipt of comments from the Township.
5.3 A mandatory Environmental Assessment Worksheet shall be required for development of a facility
for the extraction or mining of sand, gravel, stone or other nonmetallic minerals which will excavate
40 or more acres of land to a mean depth of 10 feet or more during its existence. Washington
County will be the responsible governmental unit for the preparation of the Environmental
Assessment Worksheet. Costs associated with the preparation of an Environmental Assessment
Worksheet shall be borne by the applicant.
5.4 A mandatory Environmental Impact Statement shall be required for the development of a facility for
the extraction or mining of sand, gravel, stone or other nonmetallic minerals, which will excavate
160 acres of land or more to a mean depth of 10 feet or more during its existence. Washington
County will be the responsible governmental unit for the preparation of the Environmental Impact
Statement. Costs associated with the preparation of an Environmental Impact Statement shall be
borne by the applicant.
8 Washington County Development Code
Eff�ctive Chapter Seven❖Mining Regulations
5.5 Protection of Water Tables. The maximum depth of excavation shall be established so that
groundwater quality is protected. This depth of excavation shall be established by the Planning
Commission and will be based, in part, upon soil characteristics, depth to water table, nature of
mining proposed, and local use of the aquifer. Mining shall not occur in confined aquifers.
Excavation into unconfined aquifers must be closely monitored and conducted according to the
conditions of the permit.
No extraction operations shall be conducted in such a manner as to permanently lower the water
table of surrounding inhabited properties or any other water body. An Environmental Assessment
Worksheet shall be required for any operation in which mining is proposed below the groundwater
level.
5.6 All provisions of the Minnesota Environmental Quality Board Environmental Review Program must
be complied with.
5.7 Permits from the Minnesota Pollution Control Agency may be required for a mining operation in
relation to air and water quality. An air quality permit may be necessary for smoke stack discharges
from processing plants or fugitive dust from operating areas. If the mining operation discharges
water (from pit de-watering and/or gravel washing), a State Disposal System permit or a National
Pollution Discharge Elimination permit may be necessary from the Minnesota Pollution Control
Agency. As a condition of any permit issued pursuant to this Ordinance, no mining will be allowed
until evidence is shown the operator has obtained these permits or none are necessary.
5.8 Permits from the Minnesota Department of Natural Resources may be required in the event any type
of work is proposed in public waters or if there is a need for de-watering the pit to gain access to
sand, gravel and rock. A permit may also be needed for a well in connection with a washing
facility. As a condition of any pernut issued pursuant to this Ordinance, no mining will be allowed
until evidence is shown the operator has obtained these permits or none are necessary.
5.9 A mining permit must be secured from the township in which the property to be mined is located
or the applicant must present evidence a permit is not needed.
5.10 Any mining operation having access from a State or County highway must obtain an access permit
from the respective agency. A turn lane and/or bypass lane may be required by the respective
agency to reduce the risk of traffic safety hazards. The cost of construction of a turn or bypass lane
shall be the sole expense of the operator.
5.11 As part of the original application for a mining permit and any subsequent renewals, the applicant
shall submit grading plans and phased rehabilitation plans to the Washington County Soil & Water
Conservation District and the appropriate Watershed District or Water Management Organization
for approval. Their approval shall be made prior to the adoption by the Planning Advisory
Commission..
5.12 Abandoned wells must be sealed in accordance with State and County requirements.
Washington County Development Code 9
Chapter Seven❖Mining Regulations Effective
SECTION 6. OPERATING CONDITIONS
6.1 Operating Conditions. The following operating conditions and standards must be met for all mining
operations.
(1) Setbacks. No mining, stockpiling or land disturbance shall take place within:
(A) 50 feet of adjoining property lines;
(B) 200 feet of any existing occupied structures not owned by the operator or owner;
(C) 100 feet of any contiguous property subdivided into residential lots;
(D) 100 feet of any road right-of-way of any existing or platted street, except the amount
of material stockpiled on the effective date of this Ordinance may continue but not
be expanded. Mining may be allowed up to 50 feet of the road right-of-way so long
as the property is restored to 100 feet within one mining season period as set forth
in the approved reclamation plans, and;
(E) If 2 or more mining operations are contiguous to one another, the common boundary
, may be mined if the Planning Commission approves the respective restoration plans.
(2) Fencing. Where deemed necessary by the Planning Advisory Commission for the protection
of the general public, a fence shall be constructed prior to the commencement of the
operation, enclosing the area authorized by the permit to be mined. Where fencing is
required by the Planning Advisory Commission, said fence shall be, at a minimum, a three
strand wire fence and the fence shall be posted with warning signs. The Planning Advisory
Commission reserves the right to require alternative fencing standards if conditions warrant.
The fence shall be maintained and shall remain until reclamation is determined to be
complete.
(3) Hours of Operation. Those portions of the mining operation consisting of excavating,
stockpiling, processing, or hauling shall be conducted only between the hours of 7:00 a.m.
and 7:00 p.m., Monday through Friday, unless other hours or days of operation are
. specifically authorized by the local governing body. No such operations shall be allowed on
Holidays unless approved by the local governing body. Retail sales of product is allowed
on Saturdays between the hours of 8:00 a.m. and 5:00 p.m. unless otherwise prohibited by
the local governing body. Retail sales for purposes�of this section shall mean the sale of
product to individuals for personal use and shall exclude commercial hauling. Blasting shall
only take place between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.
Blasting is not permitted on Holidays.
10 Washington County Development Code
Eff;ective Chapter Seven❖Mining Regulations
(4) Screening. Where deemed necessary by the Planning Advisory Commission, extracting
and processing operations shall be screened or located in such a manner so as to
minimize their visual impact on surrounding properties. To minimize their visual impact
on surrounding properties, a continuous screen shall be installed and maintained, either
along the street or along the perimeter of the visible portion of the area being operated.
The following shall serve as the minimum performance standards and may be varied
as determined by the Planning Advisory Commission:
(A) The screen shall have a total height of not less than six feet and shall consist of
the following types:
(1) Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of
solid masonry material a minimum of four inches thick. �
(2) Berms. A berm shall be constructed of earthen materials, and it shall be
landscaped.
(3) Fences, Solid. A solid fence shall be constructed of wood and shall form a
continuous screen.
(4) Fences, Open. An open weave or mesh-type fence, when not used in
combination with a berm, shall be combined with plant materials to form an
continuous screen.
(5) Planting. Plant materials, when used as a screen, shall consist of dense
evergreen plants or a majority of dense evergreen plant materials combined
with deciduous plants provided a continuous screen is established. They shall
be of a kind or used in such a manner so as to provide a continuous screen
within 24 months after commencement of operations in the area to be
screened. Plant materials shall not be limited to a maximum height. Said
design shall be prepared by a licensed landscape contractor or an architect.
The County Planning Commission shall require that either (1), (2), or (3)
above shall be installed if, after 24 months after commencement of
operations in the area to be screened, plant materials have not formed an
opaque screen, or if an opaque screen is not maintained.
� (6) Required screening shall be setback at least 20 feet from the point of
intersection of:
(a) A vehicular accessway or driveway and a street;
(b) A vehicular accessway or driveway and a sidewalk; and
Washington County Development Code 11
Chapter Seven ❖Mining Regulations Effective
(c) Two or more vehicular accessways, driveways, or streets.
(d) Required screening shall be installed prior to commencement of
operations.
(5) Dust Control. The owner must construct, maintain and operate all equiprnent in such
a manner as to minimize on-site and off-site dust conditions. All operations shall
meet the standards of the State Pollution Control Agency. The driveway access to
the sand and gravel operation must be setback at least 25 feet from neighboring
property lines.
The operator shall maintain all ways and roads within the site in a dust-free
condition, providing such surfacing or other treatment as may be deemed necessary
by the Planning Advisory Commission, provided that the treatment produces no
potential pollution hazards to the ground and surface waters of the area. All gravel
pit accessroads shall be provided and maintained with a dustless non-oiled surface not
less than twenty-two (22) feet wide from the connection to a public road to a point
within one hundred (100) feet of the loading area. Access roads shall also be
constructed and maintained in such a manner that the deposit of earth materials on
public roads is minimized. The Planning Advisory Commission may require a
blacktopped road if deemed necessary.
(6) Noise. All equipment and other sources of noise must operate so as to be in
accordance with Federal, State and County noise standards.
(7) Depth of Excavation. The maximum depth of excavation may be regulated based on
groundwater protection and/or the ability to restore the property.
(8) Site Clearance. All stumps and other debris resulting from the excavation or related
activities should be disposed of by approved methods.
(9) Appearance/Condition. The operator must maintain buildings and plants in a neat
condition. Weeds and other unsightly or noxious vegetation shall be controlled as
necessary to preserve the appearance of the landscaped area. Existing trees and
topsoil along existing public rights-of-way shall be preserved, maintained and
supplemented for the depth of the setback or as stipulated in the conditional use
permit or excavation permit.
(10) Sewer. The operator shall provide for adequate drainage to sanitary sewer and storm
sewer including lift stations, if necessary.
(11) Waste Disposal. Any waste generated from the mining operation, including waste
from vehicle or equipment maintenance, shall be disposed of in accordance with
Federal, State and County requirements.
12 Washington County Development Code
Effective Chapter Seven❖Mining Regulations
(12) Water Quality Monitoring. Water quality monitoring when required shall conform
to the following standards:
Water from monitoring wells and water collected or discharged from the mining area
shall be analyzed until one year after reclamation is completed. Samples from
monitoring wells shall be taken and testing results submitted prior to the annual
permit renewal. More frequent monitoring may be required by the Planning
Advisory Commission. Sampling and testing shall be done by an independent testing
laboratory or an agency chosen by the Planning Advisory Commission. Monitoring
wells shall be sealed one year after reclamation efforts are complete if the site is
determined to be uncontaminated. Water samples shall be analyzed to determine the
level of nitrates, pesticides, herbicides, and volatile organic compounds specified by
the Planning Commission.
(13) Added Provisions. The operator must comply with such other requirements that
Washington County, from time to time, may find necessary to adopt for protection
of the health, safety, welfare and prevention of nuisance in the area.
(14) Processing. Any mining operation in which processing is proposed must meet the
following performance standards:
(A) A conditional use pernut is required for any new or existing mining operation
which desires to add processing equipment on-site.
(B) The application must include the nature of the processing and equipment,
location of the plant, source of water, disposal of water, and reuse of water.
(C) Operators who wish to have processing equipment on a temporary basis
(processing to be done no more than 15 working days a calendar year,
excluding time for assembly and disassembly) shall meet the following
criteria:
(1) Only materials removed on site are allowed to be processed. No
materials may be hauled onto the property for processing, unless all
material can be processed during the 15 day time period.
(2) Setbacks as outlined in Section 6.1 (1) must be met.
(3) All Federal, State and local air, water and noise standards must be
met.
(4) Operator must notify Washington County and the local township one
(1) week in advance and obtain a certificate of compliance from the
Zoning Administrator.
Washington County Development Code 13
Chapter Seven❖Mining Regulations Effective
(5) Processing shall not take place more than fifteen (15) working days
per year.
(6) Crushing equipment must be placed in the bottom of the pit area if
practical, otherwise located in such a manner as to have the least
environmental and aesthetic impact.
(D) Operators desiring to have permanent processing equipment (more than 15
days per year) on site must meet the following standards:
(1) All Federal, State and local air, water, and noise quality standards
must be met.
(2) Mining operations established after the effective date of this ordinance
must encompass at least 40 acres of land area under permit.
(3) Processing equipment must be screened from view from property lines
and the road.
(4) Machinery must be buffered and all noise standards of the State and
County must be met.
(5) Crushing equipment must be placed in the bottom of the pit if
practical, otherwise located in such a manner as to have the least
environmental and aesthetic impact.
(6) Setback requirements as set forth in Section 6.1 (1� of this Ordinance
must be met.
(E) A temporary processing plant in conjunction with a specific road project,
located in the right-of-way or very close proximity to the subject road, will
be allowed subject to the following conditions:
(1) All Federal, State and local air, water and noise quality standards
must be met.
(2) A certificate of compliance must be obtained from the Washington
County Zoning Administrator.
(3) The processing equipment must be located so as to minimi�e the effect
on surrounding property owners.
(4) Site selection shall not have a negative effect on the public health,
safety and welfare.
14 Washington County Development Code
Effective Chapter Seven❖Mining Regulations
(5) The local governing body must approve the request.
(6) The processing plant shall not be on the property for more than 120
calendar days.
(7) No materials, outside of the designated right-of-way, may be
excavated or removed from the site without a conditional use permit
for mining."
(8) A bond, in an amount determined by the Zoning Administrator, must
be posted to assure restoration of the site.
(15) Recycling. The crushing/processing of used aggregate, concrete and asphalt will be
permitted subject to the following conditions:
(A) Recycling in conjunction with a specific road project and within the
right-of-way or in very close proximity to the subject road shall be permitted
for a maximum of 120 days subject to the following standards:
(1) A certificate of compliance is obtained from the Washington County
Zoning Administrator.
(2) The processing equipment must be located so as to minimize the effect
on surrounding property owners.
(3) Site selection shall not have a negative effect on the public health,
safety and welfare.
(4) The local governing body must approve the request.
(5) If the Zoning Administrator denies the certificate of compliance,
appeal of this decision may be made to the Washington County
Planning Advisory Commission.
(6) All Federal, State and local air, water and noise quality standards
� must be met.
(B) Recycling in conjunction with an approved mining permit shall be allowed
subject to the following conditions:
(1) Standards contained in Section 6.1 (14) must be met.
(2) An estimate of the amount of material to be processed must be
submitted. The pile of material to be recycled shall be limited to the
Washington County Development Code 15
Chapter Seven❖Mining Regulations Effective
amount that can reasonably be processed in two consecutive mining
seasons.
(3) Washington County Planning Advisory Commission approves the
recycling as part of the mining pernut.
(C) Recycling not in conjunction with a specific road project or with a permitted
mining operation shall only be permitted in an Industrial Zoning District.
(16) Trucking Operations. All new mining operations must have access to the pit area
from a 9 ton blacktop road unless the applicant can demonstrate to the Planning
Advisory Commission that conditions are such in a particular area that access to a
gravel road will not adversely affect the public health, safety or welfare. The
operator shall ensure all loads leaving any pit regulated by this ordinance are loaded
so as to comply with State Law.
(17) Asphalt Plants and Concrete Ready Mix Plants. A Conditional Use Permit shall
be required for any new or existing mining operation that wishes to have a permanent
asphalt plant and/or a concrete ready mix plant. These plants are intended to
manufacture only bituminous asphalt mix and concrete mix for distribution off-
site. No retail sales of the product is allowed on-site. Temporary asphalt plants and
concrete ready mix plants may be allowed if the following conditions are met:
(A) Operators desiring to have a temporary asphalt plant and/or a concrete ready
mix plant must meet the following standards.
(1) Asphalt plants and concrete ready mi�c plants must not be on the
property for more than 15 days per year.
(2) All setbacks as set forth in Section 6.1 (1) of this Ordinance must be
met.
(3) All Federal, State and local air, water and noise quality standards
must be met. An air quality permit must be obtained from the
Minnesota Pollution Control Agency.
(4) In the absence of a definitive plan to prevent surface and groundwater
contamination, asphalt plants must be equipped with a bag house so
there is no water discharge from the unit.
(5) Equipment must be located in such a manner so as to have the least
environmental and aesthetic impact.
(6) Must have approval of the local township and the Washington County
Zoning Administrator.
16 Washington County Development Code
Chapter Seven❖Mining Regulations Effective
(6) The asphalt plant shall not be on the property for more than 120 days.
(7) In the absence of a definitive plan to prevent surface and groundwater
contamination, asphalt plants must be equipped with a bag house so
there is no water discharge from the unit.
(8) No materials, outside of the designated right-of-way, may be
excavated or removed from the site without a conditional use permit
for mining."
(9) A bond, in an amount determined by the Zoning Administrator, must
be posted to assure restoration of the site.
(10) Asphalt plants not associated with a pernutted mining operation or
temporary road project or not in existence as of the effective date of
this ordinance shall only be allowed in Industrial Zoning Districts.
(18) Fuel Storage. All on-site storage of fuel must meet Federal, State and local
standards.
SECTION � RECLAMATION
7.1 The applicant must submit a reclamation plan consisting of graphic representation as required in
Section 5 along with the written text. The plan must contain the following elements:
(1) Intent of reclamation.
(2) Methods and processes of reclamation.
(3) Initial condition of mining site.
(4) Limits of various operational areas.
(5) Phasing and timing of operations and reclamation including areas to be stripped of
overburden.
(6) Final condition of site, including proposed contours and potential development plan.
(7) Relation of final site condition to adjoining land forms and drainage features.
(8) Relation of reclaimed site to planned or established uses of surrounding land
(9) A plan for maintenance of reclaimed area.
(10) A detailed cost estimate of reclamation.
18 Washington County Development Code
Effective Chapter Seven :•Mining Regulations
7.2 Timing. Restoration should proceed in a continuous manner and must be subject to review and
approval at each annual inspection and at the end of the permit period.
7.3 Excavations resulting in the accumulation of substantial water areas after rehabilitation must meet
the following requirements:
(1) The water depth must not be less than three (3) feet measured from the low water mark,
unless a plan for creation of a wetland or marsh has been approved.
(2) All banks shall be sloped to the water line at a slope which shall not be steeper than four (4)
feet horizontal to one (1) foot vertical.
(3) All banks shall be surfaced with soil of a quality at least equal to the topsoil of land areas
immediately surrounding and to a depth of at least four (4) inches; sodding or seeding and
mulching is also required. Mulch must be properly anchored.
(4) Such topsoil as required by Subsection 3 above shall be planted with trees, shrubs, legumes
or grasses;
(5) Slopes on reclaimed areas shall not be steeper than four (4) feet horizontal to one (1) foot
vertical, except in cases where non-erodible conditions are present and the Planning
Advisory Commission approves the reclamation plan.
(6) In man-made groundwater lakes, the bottom contour shall be gradually sloping from the
shoreline to the deepest portion of the water body a maximum slope of 6 feet horizontal to
1 foot vertical for at least 100 feet from the proposed shoreline toward the center of the
water body. Beyond 100 feet in horizontal distance, the slope of the bottom contours may
be no steeper than 3:1.
(7) All groundwater lakes or wetlands created as part of the end use plan for a mined area shall
be subject to the County's Shoreland Management Ordinance. Such lakes and wetlands shall
be classified as "Natural Environment (LS-1)" shoreland areas. Department of Natural
Resources guidelines for surface water creation shall be closely followed.
7.4 Excavations not resulting in water areas after rehabilitation but which must be graded or backfilled,
shall meet the following requirements:
(1) Fill shall be inspected and certified as being clean (free of volatile organic compounds and
heavy metals) before being used for reclamation. Organic soil shall be used only for topsoil.
(2) Such grading or back-filling shall be made with non-noxious, nonflammable, noncombustible
solids;
(3) The graded or backfilled area shall not collect or permit stagnant water to remain therein;
Washington County Development Code 19
/
Cha ter Seven❖ Minin Re ulations
- p g g Effective
(4) The peaks and depressions of the area shall be reduced to a gently rolling topography in
substantial conformity to the land area immediately surrounding and which will minimize
erosion due to rainfall;
(5) Such graded or backfilled area shall be surfaced with soil of a quality at least equal to the
topsoil of land areas immediately surrounding, and to a depth at least four (4) inches;
(6) Such topsoil as required by 7.3 (5) above shall be planted with trees, shrubs, legumes or
grasses.
(7) Slopes on reclaimed areas shall not be steeper than four (4) feet horizontal to one (1) foot
vertical, except in cases where non-erodible conditions are present and the Planning
Advisory Commission approves the reclamation plan.
(8) All rehabilitation areas which are planned for building purposes shall have a final elevation
at least 10 feet above the normal ordinary groundwater level. If public sewer is not
available, plans for on-site septic systems must be considered. If area is backfilled for
purposes of future development, the soil must be compacted, and subsequently tested by a
registered soils engineer and approved.
7.5 Drainage. Reclamation shall proceed in such a way that natural and storm drainage, where it enters
and leaves the premises, shall be altered only to the least degree necessary to carry out excavation
and related activities. Any alteration of natural and storm drainage shall not adversely affect public
roads or neighboring uses.
7.6 Cover and Planting. The reclamation area shall be planted with grass, trees, shrubs, or other
vegetation to prevent erosion and provide for screening and natural beauty. Technical assistance
and soils data should be obtained from the county agricultural agent, appropriate state and federal
officials, conservation districts, and the nearest soil conservation service office.
7.7 Topsoil. When topsoil is stripped or removed, it must be set aside on the site for re-spreading over
the excavated area. These overburden stockpiles must be used to minimize the effects of erosion
of wind or water upon public roads, streams, or adjacent land uses and shall not be sold or removed
from the property.
7.8 Removal of Structures. Within a period of six (6) months after the termination of a mining
operation, or within six (6) months after abandonment of such operation for a period of six (6)
months, or within six (6) months after expiration of a sand and gravel pernut, all buildings and other
structures not otherwise allowed under the Zoning Ordinance must be removed from the property
and the property restored in conformance with the reclamation plan.
SECTION 8. INSURANCE, FINANCIAL GUARANTEES, FEES & INSPECTIONS
20 Washington County Development Code
/
Effective Chapter Seven ❖Mining Regulations
8.1 Insurance. The operator shall provide proof of bodily injury, property damage, and public liability
insurance in the amount of$1,000,000 for any occurrence, including blasting insurance if blasting
is allowed as part of the permit.
8.2 Bond. An operator must post a bond, cash deposits or other security, in such form and sum as the
Governing Body may require, running to the County, to cover the cost of reclamation of the
property. The bond amount shall not exceed $10,000 per acre of ground to be stripped of
overburden. Bonds shall be for a minimum of one (1) year, and shall include a provision for
notification to the County at least 30 days prior to cancellation or non-renewal.
8.3 Fees. Permit fees will be charged based on resolution of the County Board. Fees shall cover all
administrative costs associated with the permit application, annual review, and costs of inspections.
8.4 Inspections. As a condition of approval of a mining pernut, Washington County staff has the right
to go on the subject property after providing reasonable notice to the operator.
SECTION 9. VIOLATIONS & PENALTIES
9.1 Any firm, person or corporation who violates any of the provisions of these regulations shall be
guilty of a full misdemeanor and upon conviction thereof shall be subject to a fine and/or
imprisonment as provided by law. Each day that a violation is permitted to exist shall constitute a
separate offense._
9.2 In the event of a violation or threatened violation of any of the terms of this ordinance, the County
may take appropriate action to enforce this Ordinance, including application for injunctive relief,
action to compel performance or other appropriate action to court if necessary to prevent, restrain,
correct or abate such violations or threatened violations. Upon motion, the court may award costs,
disbursements and reasonable attorney's fees and witness fees, which costs and fees can be assessed
against the land._
9.3 Whenever necessary to enforce any of the provisions of this Ordinance or whenever there is
reasonable cause to believe that a violation of this Ordinance has occurred or is about to occur, an
authorized agent of the County may enter any building or upon any premises at all reasonable times
to inspect the same or to perform any duties imposed by this Ordinance, provided that if such
building or premises be occupied, the authorization shall first present proper credentials and demand
entry and if such building or premises be unoccupied, shall first make a reasonable effort to locate
the owner or other persons having charge or control of the building or premises and demand entry.
If such entry is refused, the County shall have recourse to every remedy provided by law to secure
entry, including administrative and judicial search warrants.
SECTION 10. TERMINATION OF PERMIT
10.1 Any permit granted pursuant to this ordinance may be revoked for a violation of any provisions of
this ordinance or any conditions of the permit._
10.2 Revocation shall not occur earlier than ten (10) County working days from the time written notice
of revocation is served upon the permittee or if a hearing is requested, until written notice of the
Planning Advisory Commission action has been served on the permittee. Notice to the permittee
Washington County Development Code 21
Chapter Seven❖Mining Regulations Effective
shall be served personally or by registered or certified mail at the address designated in the permit
application. Such written notice of revocation shall contain the effective date of the revocation, the
nature of the violation or violations constituting the basis of the revocation, the facts which support
the conclusions that a violation or violations have occuned and a statement that if the permittee
desires to appeal, he must, within ten (10) working days, exclusive of the day of service, file a
request for a hearing. The hearing request shall be in writing, stating the grounds for appeal and
served personally or by registered or certified mail on the Washington County Public Health
Department by midnight of the tenth County working day following service. Following the receipt
of a request for hearing, the Washington County Department of Transportation and Physical
Development shall set a time and place for the hearing, which hearing shall be conducted in
accordance with the procedures set forth in Section 9 of the Washington County Development Code.
SECTION Il. EFFECTUATION
11.1 It is hereby declared to be the intention that the several provisions of this Ordinance are separable
in accordance with the following:
(1) If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be
invalid, such judgment shall not affect any other provisions of this Ordinance not specifically
included in said judgment.
(2) If any court of competent jurisdiction shall adjudge invalid the application of any portion of
this Ordinance to a particular property, building, or other structure, such judgement shall
not affect the application of said provision to any other property, building or structure not
specifically included in said judgement.
22 Washington County Development Code
� ZONlNG REGULATIONS
City of Apple Valley
_ �
Z n 2 �
As amended through Ordinartce No. 514, May 23, 199I
�
�.
�;;
n;
(3) Final site plans and landscape schedule: These shalt be presented to :
the city staff for review and recommendation to the planning
commission and city council. These shall be scaled drawings and , ,
, include all site detail.
, . ;
(d) Excavation permi� Prior to approval of all details related to the "final development
plans," the city council may grant an excavation permi� (Ord. No. 291, § 2, 4-21-83) µ'
_.:a
Sec. A1-48. "SG" Sand and Grarel District. ��
Table of Contents ,-�
Sec. A1-4$(a) Purpose - - '��
Sec. Ai-48(b) Definitions
Sec. A1-48(c) Criteria for Zoning Approval \ �
{1) Consistency with City Pians and Policies
(2) Fiscal Impact Anaiysis
(3) Size ' �
(4) Access `
;
(5) Environmental Impacts
Sec. AI-48(d) Permitted Uses .
Sec. AI-48(e) Conditional Uses
Sec. A1-48(f) Notification Process - �
Sec. AI-48(g) Performance Standards
(1) Permit Required " � `
(2) Fencing Required _._
(3) Hours of Operation
(4) Soil and Water Conservation Review • �
(5) Setbacks and Height Limitations �
(6) Slopes to Water Bodies j
(7) Setbacks and Slopes Along Streets
(8) Setbacks of Access Roads
(9) Visual Screening -
(10) Weed Control
(11) Location of Driveway Access
(l2) Paving Access Roads
(l3) Dust Control Standards "
(14) Noise
(15) Water Pollution
(16) Waste water "
(17) Removal of Buildings �
(I 8} Topsoil
(19) Landscaping
Sec. AI-48(h) Reclamation, Restoration, Rehabilitation
Sec. A1-48(i) Nonconforming Uses
Sec. A1-48(j) Penalty
{a) Purpose. The purposes of this section are:
(l) To provide for the economical availability and removal of sand, gravel, '
rock and soil vital to the growth of the city and the region;
. 64
(2) To establish regulations, safeguards and controls in the city regarding
noise, dust, traffic, drainage, groundwater quality and other factors
which will minimize the environmental and aesthetic impacts on mined
or adjacent property; �
(3) To reduce the potential for pollntion caused by wind and soil erosion
and sedimentation;
(4) To estabiish the locations, orderly approval process, and the operating
conditions under which sand and gravel extraction and processing will
be allowed in the city; and to establish conditions which insure the
restoration of mined areas consistent with existing and planned land
use patierns; and
t5) To establish this sand and gravel zoning district as the only zoning
district where new sand and gravel operations will be allowed,
pursuant to city council approval of a conditional use permit and
annual council approval of excavatidn permits. .
(b) Definitions. Whenever the following terms appear in this ordinance, they shall have
the meanings assigned to them in this section.
Abandonment: The actual vacancy, for twenty-four (24) consecutive months, of 20 or
more excavated acres without completed grading and installed erosion controls consistent with _
Che approved end use plan. Such vacancy shall be conclusively presumed as intent to abandon
or vacate the site by the operator. �
Completion of operations, notice thereof: A written notice filed with the City Clerk
eightcen (l8) months prior to the completion of excavation operations. AFter the 18-month
period, active and substantial excavation shall not occur on property so noticed and described.
Completion of operations may occur on any definable portion of the property.
Dust: Airborne, inorganic, particulate matter other than smoke or steam.
Excavation permit: The annual permit required of all excavation sites/ owners by Apple
Valley City Code Section 6-20.
Fisca! impact analysis: A comparative analysis provided by the petitioner (or prepared
by the city or its consultani and paid for by the petitioner) which itemizes the fiscal impact
of property taxes, land uses and public improvement costs of the proposed mining operation and
the proposed "end uses" on the city, county, and-school district in comparison to the f iscal
impact property taxes and land uses and public improvement costs of development on the site
if no mining would occur. All projections should be at present dollar value, excluding inflation.
� Minerals: Nonmetaliic material found in the earth including, but not limited to, sand,
gravel, rocks and soil, which may be covered by overburden.
Operator. Any person or persons, partnership or corporation, or assignees or any
associations, or persons either naturai or artificial, including every public or governmental
agency engaged in sand and gravel operations:
Overburden: Those materials which lie between the surface of the earth and the mineral
deposit to be mined.
65
R..
Processing: Any activity which may include the crushing, washing, stockpiling,
compounding, mixing, or treatment of sand, gravel, rocks, or si�ilar mineral products into
consumable products such as construction grade sand, gravel,concrete, asphalt, and other similar �
products.
Reclamation, restoration, rehabilifation: To r�new land to a seif-sustaining, long term use
which is compatible with contiguous land uses and which process shall include the re- "
_ establishment of vegetation, soil stability and the establishment of safe conditions appropriate __
to the intended use of the land in accordance with the city's comprehensive guide plan and the
conditional use permit conditions allowing for excavation and/or processing on the site. �
Sand and gravel operations: The removal, ezfraction, truck hauling, crushing, processing, �
excavation and/or production of sands, gravels, rocks and similar mineral products. _
Stockpiling: Storage of processed or raw materials on the site of the sand and gravel =-�
operation. Such operations may continue or be sold from the site for up to 18 months after
officiai written notice of completion of operations has been accepted by t�e city council. (From "9
the date of acceptance of the notice of completion, up to 18 months of final excavation, and �;
an additional 18 months of processing or storage may occur on the site. In no case shall the
period of final excavation and storage/processing exceed 36 months after acceptance of notice �-�
of completion.)
Topsoil: That portion of the overburden which lies within the "A" and "B" horizon of soil
ciosest to the surface and which supports ihe growth of vegetation. .'
��
(c) Criteria for zoning district approval. In establishing a Sand and Gravel Zoning
District, the city shall find that: ;`�
� �
(1) Consistency with city plans and policies. The proposed district is
consistent with the text and maps of the Comprehensive Guide Plan '
and the location is suitable in that the excavation, mining, processing,
stockpiling, or hauling of sand and gravel deposits will not create a
nuisance or exceed local, state, or federal safety and environmental
standards on the ad jacent properties. The petitioner for a "SG" district,
at his sole cost,shall provide information to help determine said suita-
bility, including, but not limited to a comp(eted zoning amendment
application; exhibits illustrating adjacent and on-site buildings and
land uses; existing elevations and percent of slope within, and three
hundred (300) feet beyond, the perimeter of the site; environmental
assessment worksheet or impact statements; and fiscal impact analysis.
{2) Fiscal impact analysis. Said fiscal impact analysis shall include two
types of projections: .
i. A land use development scenario based on existing
comprehensive guide plan and zoning designations.
ii. An alternative scenario based upon the assumptiom that a
new "SG" district with a planned unit development end use
is approved.
66
Each fiscal projection shall include estimates of alI known public .
improvement costs; timing of development; new development valuations;
total annual property taxes per type of use; short term construction
jobs, mining jobs, and estimates of permanent jobs to be created based
upon the end uses proposed and the number of households, occupants
and school aged children that could occupy the site after completion
of each phase of end use development.
{3) Size. The proposed "SG" district shall cover an area-of at least twenty
(20) acres. (This limitation shall not apply when the tract of land is
contiguous to an active sand and gravel operation, provided that both
tracts are being operated by the same producer).
{4) Access. The sand and gravel district shall have direct access to non-
residential, collector streets or county roads of sufficient load carrying
capacity to serve traffic generated by the sand and gravel operation.
(S) Environmental Impacts. An environmenial impact statement (as
defined by Minnesota Environmental Quality Board Rules) shall be
completed for each gravel mining project proposed. The proposed
project shall meet the recommended standards provided by the
mandatory environmental impact statement. The responses and
recommendations of the environmental impact statement shall be
considered by the city council prior to any final action on a rezoning
request. The applicatio� for rezoning shall not be considered complete
untii such time as final comment has been received on the adequacy
of the environmental impact statement.
(d) Permitted uses. Within any "SG" district, no structure or land shall be used except
for one or more of the following uses:
(I) Limited agricultural pursuits, inciuding the raising of crops and other
plant materials.
(2) Commercial greenhouses and nurseries.
(3) _ Accessory uses as permitted under subsection A7-34(d).
(e) Conditional uses. Within any "SG" district the excavation, hauIing, mining,
stockpiling or processing of sand and'gravel deposits and such buildings and equipment are
customarily incidental thereto, including concrete and asphalt plants, may be approved by the
city council through the issuance of a sand and gravel conditional use permit. Conditions
regarding. operations and reclamation/ rehabilitation may be attached to the conditional use
permit for the sand and gravel operation in order to assure compatibility with present and
future land uses. For purposes of enforcement, conditions attached to said permit shall. be
considered a portion of the city code.
(1) Within a sand and gravel district, any centralized processing, washing,
or crushing plant for materials such as sand and gravel, concrete,
asphalt or others shall be allowed only as a portion of a conditional
use permit. Said plant shall be located in a permanent centralized
location within the excavation site. Except where the applicant can
demonstrate that the plant can meet state and federal air and noise
standards at the project property lines, the city council may require the
67 -
. �
„,
processing plant to be enclosed within a building with walls from floor
to roof (except for materials entries/exits and doorways) and a sealed
roof (except for steam and heat exchangers) in order to meet air -
� particulate and noise pollution standards.
(2) Portable, pit face crushing equipment may be approved as a portion of �
a conditional use permit provided:
i. The location of the portable crushing equipment meets all
mining and/or excavation setbacks for the area in which -
it is to be located.
ii. The top of the portable crushing equipment and all -.
conveyor systems are placed a minimum of 15 feet below
the existing grade of the non-excavated pit edge or �
constructed berm protected within the permanent setback �
from the property lines.
• .
(3) Expansion of previously non-permitted, existing uses if compatible with �
sand and gravel operations.
(f) Notification Process.
(1) In addition to the zoning and conditional use permit notification
process required elsewhere in this code, notifications of the proposed -
sand and gravel district rezoning and/or conditional use permit hearing
shall be published once, in the official newspaper of the city, and
mailed by the City Clerk, at leasi 10 days prior to the hearing, to all
city property owners within 3,600 feet of the proposed central plant
processing site or within 350 feet from the property lines of the
proposed district and sand and gravel conditional use permit,
whichever is greater. In addition, the city clerk shall notify each city
located within 350 feet of the property lines.
(2) The applicant shall supply to the city clerk a certified list of all city
property owners within 3,600 feet of the proposed central processing
site or within 350 feet of the property lines of the proposed district
and conditionai use permit area, whichever is greater, and the ad jacent
city clerk's business address, at least 30 days prior to the hearing date.
At least 10 days prior to the hearing, the city planner shall past public
hearing notice sign boards on all sides of the property which are
adjacent to a public right-of-way.
{g) Performance standards. In any "SG" district, the following performance standards
shall be observed:
(1) Permit required. No sand and gravel operations shall occur except
under the terms of an a�proved sand and gravel conditional use permit
with a planned unit development agreement for phased reclamation
and proposed end uses of the land. After issuance of said permits, the
applicant shall be subject to an annual excavation permit issued by the
city council.
68
(2) Fencing. A minimum six-foot high chaim link type fence meeting
Minnesota Department of Transportation standards for right-of-way
fencing shall be constructed at the property lines at required fence
setback lines along all property lines by the operator to control access _
to any excavation from adjacent developed residential property.
(3) Hours of operation. Hours of operation for excavation, processing and
truck hauling, which may be amended by the city council in the
conditions attached to the conditional use permit, shall be as follows:
i. Areas less than 3,60Q feet to residential areas. The
maximum hours of operations for excavation, processing
(except concrete and asphalt processing), and truck hauling
equipment in a sand and gravel district where these
activities are located closer than three thousand six
hundred (3,600) feet to the city's, or an adjacent city's
developed or zoned residential property which existed
prior to the effective date of`this ordinance and zoning
map amendment, shall be 6:30 a.m. to 5:30 p.m., Monday
through Friday unless otherwise stipulated in the approved
conditional use permit based upon noise and air poliution
control mitigation measures.
ii. Areas more than 3,600 feet from residential areas. The
maximum hours of operation for excavation, processing
(except concrete and asphalt processing) and truck hauling
equipment in a sand and gravel district where these
activities are located farther than three thousand six
hundred (3,600) feet to the city's, or an adjacent city's,
developed or zoned residential property which existed
prior to the date of this ordinance or map amendment,
shall be 6:Q0 a.m. to 6:00 p.m., Monday through Saturday,
unless otherwise stipulated in the approved conditional use
permit based upon noise and air pollution control
mitigation measures.
iii. Processing and Mixing Extended Hours. The maximum
hours of operation for concrete and asphalt processing and
associated truck hauling equipment (not excavation or
crushing) in a sand and gravel district wherein the
processing equipment is located in a centralized location
and within an enclosed processing building shall be S:OQ
a.m. to 10:00 p.m., Monday through Saturday, unless
other�ise . stipulated in the approved conditional use
permit based upon noise and air pollution control
mitigation measures.
(4) Soil and Water Conservation and Watershed review and
recommendations. As a part of the original application for a
conditional use permit, and annually with the application for an
excavation permit, the applicant shall submit grading plans and phased
rehabilitation plans to the Dakota County Soil and Water Conservation
Service and to the Vermillion River Watershed Management
Organization for review and recommendations. Said recommendations
69
��
on the phased rehabilitation grading, soil and water retention plans ;
shall be reviewed annually by the City Council and may be inciuded
as a condition of the conditional use permit or the annual excavation �
permit. � `
�.a
(5) Setback and slopes to adjacent uses or zones.
�
µ
�
i. Berm Heights, Setbacks from Property or Zoning District ;;�
Boundaries, and Existing Buildings - Daytime and
Nighttime. �y
3
Zoned or Used � '
For Housing, Commercial
4peration � School or Park Industrial Road R-O-W �
,
. ,
Min. Primary Berm Height � 16 feet 8 feet Varies
. '�
Max. Secondary or Stockpile ` _ _,
Berm Height 40 feet 40 feet 40 feet
, s
Crushing Plant �
a) Permanent 2600 feet 1000 feet 1000 feet s
b) Pit Face-Temporary 1000 feet 300 feet 300 feet
..�
Concrete Plant � �
a) In Enclosed Bldg. ' 1000 feet 300 feet 300 feet
b) Exterior 2600 feet 1000 feet 1000 feet � �
Asphalt Plant -
a) In Enclosed Bldg. 1000 feet 600 feet 600 feet
b) Exterior 2600 feet 1000 feet 1000 feet
c) Scrubber Ponds 600 feet 600 feet 600 feet �
Excavation/Mining at Pit Face 300 feet 200 feet 100 feet
Stockpiles 1000 feet 300 feet 100 feet
Truck Parking & Maintenance 1000 Feet 300 feet 300 feet
ii. Adjacent to residentia(ly developed or zoned areas,
excavation, mining, and stockpiling shall not be conducted
closer than three hundred (300) feet to any city or
adjacent city's residential or multipte dwelling structure,
residential zoning boundary, or proposed residential
structure "pad", existing on the approval date of the sand
and gravel condi-tional use permit.
iii. Adjacent to non-residentially developed or zoned areas,
excavation, temporary crushing, interior concrete and
asphalt production, sedimentation ponds and stockpiling
without berming and vegetative buffering shall not be
conducted closer than three hundred (300) feet to the
boundary of an adjoining property line except to reduce
the elevation thereof in conforming to the adjoining
70
property, as stipulated in the conditional use permit.
Exceptions:
{a) In the past 18 months of operation, after filing and
acceptance by the city council of a written notice of
intent to complete operations, the operator may complete
excavation and reclamation operations to within one
hundred (100) feet from any non-residential property line. �
For a maximum of 36 months after the acceptance of the
notice of intent, the operator may stockpile and process on
the site, if not prohibited by other sections of this code.
(b) In the annual excavation permit, the operator may
request approval to complete temporary excavation and
temporary crushing to within one hundred (100) feet from
any property line. This activity may occur for up to one
year. The maximum height of any excavation, temporary
crushing equipment or temporary stock piles located less
than one thousand (1,000) feet from the property line shall
be a minimum of eight (8) feet below the average height
of the adjacent berms within the 100-Foot mandatory
setback.
iv. During excavation operations, the slope to the bottom of
the pit from the required setback line shall be no greater
than two {2) feet �horizontal to one (1) foot vertical. All
non-protected or untreated soil banks, or pit bottoms of
excavation areas noi excavated to a ground water depth,
shali be left with a slope no steeper than ten (10) percent
except as specifically stipulated in the conditional use �
permit or annual permit. Greater slopes may be permitted
' if it is in conformity to the immediately surrounding area.
When excavation is completed on a section of the pit, all
cxcavated areas shall be comptetely graded and seeded in
conformity to the surrounding natural topography and in
accordance with the city's comprehensive guide plan and
the end use plan for the site. The grades shall provide for
sufficient drainage so thai both natural and storm water
leaves the property at the original or natural drainage
points shown on the plan, except where otherwise designed
by the city engineer.
(6) Slopes to water bodies. All ground water or storm water storage areas
resulting from excavation shall be rehabilitated as follows:
i. Any storm water pond constructed for interim or final .
end uses shall have a minimum 100-foot natural plant
material shoreland buffer zone setback constructed by the
applicant as part of the reclamation of the site.
ii. Storm water ponds shall have shallow water slopes of 10:1
to 20:1 in areas with less than three (3) feet of water
depth.
71
i
iii. In man-made groundwater Iakes, the bottom contour shall
be gradualiy sloping from the shoreline to the deepest
portion of the water body at a maximum slope of six (6} -
feet horizontal to one foot vertical (6:1) for at least one
hundred (100) feet from the proposed shoreline toward the �
center of the water body. Beyond 100 feet in horizontal
distance, the slope of the bottom contours may be steeper �
than 3:1 or as stipulated in the sand and gravel mining _.
conditional use permit.
a
iv. Shoreline slopes ascending from any water body shall not
exceed one foot vertical to six (6) feet horizontal except
as stipulated in the conditional use permit or excavation �
permit.
(7) Setback and slopes along streets. Sand and gravel excavation, shall not
be conducted closer than one hundred (100) feet to the right-of-way
line of any existing or platted street; road or highway excep� __
i. Excavation may be conducted within such limits in order -
to reduce the elevation thereof in conforming to a street
grade estab}ished by the city engineer, as stipulated in the
conditional use permit for the operation. __
ii. In the last 18 months of operations, after city council --
acceptance of a written notice of intent to complete opera-
tions, the operator may complete reclamation grading "
operations within the 100-foot required setback to any
right-of-way property line. The final graded slope to the
bottom of the pit from the road righi-of-way line shall be
no greater than three (3) feet horizontal to one foot
vertical.
(8) Setbacks of access roads. T'he mining setback area required may, in
part, be used for a central paved access road stipulated in the
conditional use permit.
(9) Visual screening:
i. The minimum required setback area (see section A1-
48(f)(5) along all exterior property lines shall be bermed,
landscaped and planted in accordance with the terms and
conditions of the sand and gravel conditional use permit.
Within the required setbactc area, the 100 feet adjacent to
the property line shall be bermed (the "primary berm") to
a height of 16 feet, with a 2:1 slope and landscaped with
a seeded fiber mulched turf and coniferous tree seedlings
to a density of 800 seedlings per acre. All areas within
the required setback shall be landscaped with a seeded
turf within 15 days of excavation.
ii. Processing plants and towers from crushing, concrete, and
asphalt plants shall be located at the lowest or base
elevation on the site. The height of the plant and towers,
72
and the base elevation shall be stipulated in the
conditional use permit. Plants and towers shall be
screened with secondary stockpite berms not to exceed 40
feet in heigh�
(lU) Weed Control. Weeds and other unsightly or noxious vegetation shall
be controlled as necessary to preserve the appearance of the landscaped
area. Existing trees and topsoil along existing public rights-of-way
shall be preserved, maintained, and supplemented for the depth of the
setback or as stipulated in the conditional use permit or excavation
permit.
(11) Location of Driveway Access. All means of driveway access to a sand
and gravel operation from any street shall be so located and designed
as to avoid the routing of vehicles from the property over streets that
primarily serve abutting residential development.
(12) Paving Access Roads. �
i. All access roads from a sand and gravel operation to any
public roadway shall be paved with asphalt or concrete for
a distance of at least three hundred (300) feet to the
intersection with a public roadway to minimize dust
conditions. During the annual excavation permit review,
the city council may require additional paving length, up
to six hundred (600) feet on any access road, if dust and
truck tracking are identified as a problem by the city. All
unpaved access roads shall be treated with a dust
retardant on a regular basis as stipulated in the annual
excavation permit.
ii. Soil tracking from truck hauling onto public roads from
the access road may also be reduced through improvements
required as part of the annual excavation permit. These
improvements may include, but are not limited to:
(a) Extension of the pavement length or width on the _
access road.
(b) Installation of a wash facility and wash rack.
(13) Dust Control Standards. All internal roads and access roads within the
sand and gravel operations shall be treated io minimize dust conditions
as stipulated in the conditionat use permit or excavation permit. All
processing equipment shall be contained within a fully enclosed
building unless otherwise stipulated in the conditional use permit and
meeting Minnesota Pollution Control Agency requirements. All
processing equipment not enclosed in buildings shall be surrounded by
berms at least 30 feet in height. All stockpiles higher in elevation than
the permanent berms along property lines shall have permanent
sprinkling/wetting equipment io reduce wind erosion from the stock
pile.
73
(14) Noise.
i. The maximum noise level at the perimeter of the site shali --
be within the limit set by the Minnesota Pollution Control
Agency and U.S. Environmental Protection agency. In no
case shall the noise level exceed 50 decibels measured at __
3,600 feet from the noise Tnaking equipment or activity.
AII processing equipment shail be located in enclosed
buildings unless otherwise stipulated in the conditional use
permit and meeting iVlinnesota Pollution Control Agency ` �
requirements. All processing eqnipment not enclosed in
buildings shall be surrounded by berms at least 30 feet in
height. All screens, hoppers, and conveyor belts shall be
non-metallic. �
. ;
ii. Noise levels at specific setbacks shall not exceed the
following: , �
3
_.1
EQuiament ]00 ft l000 ft 2000 feei
, �
Centralized Crushers 88 dBa 50 dBa ;
Pit Face Crushers 83 dBa 50 dBa
Front End Loaders 81 dBa 50 dBa
Ail other Machinery 80 dBa 50 dBa
_�
{15) Water Pollution. Operators shall comply with all applicable Minnesota
DNR and Pollution Control agency regulations and U.S. Corp. of `�
Engineers and Environmental Protection agency regulations for the _�
protection of water quality. No waste products or process residue,
including untreated waste wash water, shall be deposited in any lake,
stream or natural drainage system except that lakes and ponds wholly
contained within the excavation site may be utilized. All human waste �
materials shall utilize city central sewer disposal or sealed septic tanks
with monthly septic tank pumpings.
(16) Wastewater. Operators shall dispose of all wastewater used on the site
in a manner which will not adversely affect adjoining property and
shall use silting ponds or other means of disposing of the suspended
solids in the waste water as stipulated in the conditional use permit or
excavation permit and approved by the city engineer.
(17) Removal of Buildings. Within a period of 81 months after filing letter
of intent to complete operations or within six (6) months after '
determination by the council that the site has been abandoned by. the .
sand and gravel operation, all buildings, structures and plants
incidental to such operation shall be disrnantled and removed by and -
at the expense o�' the sand and gravel producer last operating such
building, structure or plant, or the owners of the property, unless the
structure or use is compatible with the anticipated ultimate use of the
property. All buildings, structures or plants not removed as required
by this section may be removed by the city with the costs for said
removal charged to the producer last operating on the property or the
owner of the property.
74
(18) TopsoiL
i. Stripping of topsoil from either "A" or "B" soil horizons
shall be done only as used in the excavation and mining
operations (i.e. area-wide stripping without vegetative
replanting shall not be allowed). Graded or backfilled
areas (or banks in the case of excavations made to a water
�roducing depth) shall be covered with topsoil to a
minimum depth of four (4) inches as part of the
reclamation process. Such topsoil shall �be capabie of
supporting the growth of vegetation. The operator shall
guarantee that either.
(a) All "A" horizon topsoil scraped from the site shall be
retained at the site and used as surface soil in permanent
berms or used for the restoration of the site; or
(b) A performance bond or other guarantee stipulating
that the operator will replace ali of the topsoil (to a depth
of 4 inches} needed for reclamation of the site is filed
with the original conditional use permit.
ii. Other soil retention methods may be stipulated in the
conditional use permit or excavation permit.
(19) Landscaping.
i. Upon replacement of the topsoil, trees, shrubs, legumes,
grasses or other ground cover, similar to Minnesota
Department of Transportation Mix #800, shall be planted
upon svch areas in order to avoid erosion. Such
restoration shall be on a continuing basis as excavation is
completed. Berm, stockpiles, drainage channels and
setback areas shall be seeded within 15 days after the
completion of final grading. Ali culvert inverts and
outlets shall be sodded within 15 days after completion of
final grading.
ii. The applicant shall be responsible for final grading and
reseeding of all reclaimed land, including public parks
land. Seeding dates sha[1 be between April ISth and
August I Sth. Additional seeding dates may be approved
in the annual excavation permit. On slop�s greater than
696, seeded soils shall be mulched with a fiber or straw
hydro-mulch and tacking agent. On slopes less than 6°1'00,
a disk anchored straw mulch may be used. Soil erosion
fences, bales, dikes or combinations thereof shall be used
at the base of slopes greater than 1296. Staked fiber
blanket or staked sod shall be installed on all slopes
greater than 2:1.
(h) Reclamation, restoration, rehabilitation. The applicant shall comply with the
following time limits and standards during partial and complete reclamation of the sand and
gravel site:
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�
�
{1) At the time of initial application, and as an annual update is necessary _ ,
during the review of' the excavation permit, the applicant shall meet
� -�- the requirements and procedures for a planned unit development �--
(Sections A 1-4b and A 1-47) illustrating all present and future stageci
uses proposed for a sand and gravel site undergoing reclamation. The -�
city may combine public hearings for the conditional use permit and
planned unit deveiopment end use plan. Each annual excavation
permit shall be attached to the original conditional use permit as an �-
amendment thereto. The city may require annual excavation permit
applications, that differ from the initially approved operations and end �''
use plans or from the conditional use permit, to be reviewed at a ,
conditional use permit amendment public hearing. Each annual
excavation permit shall coniain an end use --
reclamation/restoration/rehabilitation plan for the area in which
mining has been completed for that year. �
(2) All designated community collector street right-of-ways, county road
right-of-ways, and utility corridors approved as part of an end use --
planned unit development shall be fixed in verticat and horizontal
location and recorded with the County Recorder as per the ' '
requirements of the official mapping statutes (MS. 462.359) prior to the
issuance of the first excavation permit for the site. The approved and
recorded official map may be amended from time to time and re-
recorded after approval by the city council.
(3) Water bodies and drainage plans. . .
i. All proposed end use drainage, storage, surface run-off
and man-made groundwater lakes or wetland plans are
subject to review by the Vermillion River Water '
Management Organization. All groundwater lakes and
groundwater wetlands created as part of the end use plan
for a mined area shalt be subject to the city's shoreland
management ordinance. Such lakes, wetlands, and
developable lands within 500 feet of the shoreline shall be
classified as "recreational development" shoreland areas.
?hese areas shall adhere to all shoreland setback criteria
listed in Section AI-49 in effect on the date of the
original conditional use permit approval unless otherwise
stipulated in the conditional use permit.
ii. Ali drainageways from impervious surfaces of the sand �
and gravel end use plan shall be graded and drained in
such a manner to direct such run-off to surface water
sedimentation and filtration ponds or wetlands prior to �
release into any groundwater lake or wetland_
iii. Groundwater, Iakes, and wetlands which are greater than
10 acres in water surface created as a part of the mining
excavations shall be graded to allow for end use public
pedestrian access systems within shorelines designated for
public ownership. �
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(4) Grading. As a portion of the planned unit development, the applicant
shall submit grading plans, including two-foot contour intervals,
illustrating the proposed final grades within the portion of the site
rehabilitated each year with the application for an annual excavation
permi� All rehabilitation areas which are planned for land and
building uses (other than permanent open space or agriculture) shall.
have a final elevation at least fifteen (15) feet above the normal
ordinary groundwater level; and, such areas shall be planned for
gravity connection to the city's municipal sanitary sewer or storm
sewer system or as approved by the city engineer. If a final elevation
plan for the site has not been submitted to the City Council for
approval within six (6) months after abandonment or completion of
operations, the city may contract to complete the grading plans and the
on-site earth movement and rehabilitation work and charge these
engineering and construction costs to the applicant or current operator's
performance bond and assess the owner of the property for any costs
not covered by the performance bond.
(i) Non-conforming uses:
(l) Any sand and gravel operation existing and not in compliance with
previous city ordinances on the date of the adoption of this ordinance
shail be considered a non-conforming use until such time as the
property is zoned "SG", sand and gravel district.
(2) Any sand and gravel 'operation existing and in compliance with
previous city ordinances on the date of the adoption of this ordinance
shall be permitted to continue subject to the following:
i. Such use shall not be permitted to expand its operation
beyond the ]imits of the permit under which it is
presently operating.
ii. Such use shall be immediately subject to the final grading,
landscaping, slopes, utility, and roadway performance
standards of this ordinance and shall comply with aIl
provisions within eighteen (18} months or upon city
council acceptance of a notice of completion of operations,
whichever occurs first. If the completion of excavation
and operation is not completed by the operator, the city
may complete the restoration and utilize performance bond
proceeds and assessment of additional costs to pay for
such work.
(j) Penalty. Any person violating the provisions of Section AI-48 or any permit issued
therefrom, shall be guilty of a misdemeanor and shall be subject to the penalties listed in City
Code Section l-8 and/or shall be subject to revocation of all pertinent permits. Violations of
conditions stipulated in a sand and gravel mining conditional use permit shall be considered
as violations of the City Code and are subject to the penalties listed in Section 1-8 of the Code.
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