A. Purpose. It is the intent of these provisions to allow limited opportunities for mineral extraction in special circumstances and under specific conditions that minimize the impact on neighboring properties, minimize the impact on public streets, and minimize the loss of buildable, upland acreage in the City.
B. Interim Use Permit Required. It shall be unlawful to conduct mineral extraction or operate a mineral extraction facility without first obtaining an Interim Use Permit, according to the procedures and requirements outlined in this Ordinance.
C. Term. The maximum term for a mineral extraction Interim Use Permit shall be twelve (12) months, including all site restoration. Unless renewed for a maximum one-year term extension by the City Council, no application for a Mineral Extraction Interim Use Permit shall be submitted or accepted by the City for the same property on which a permit has been issued until a minimum period of five (5) years from the date of expiration of a prior permit has lapsed.
D. Access Requirements. Property on which mineral extraction may be considered must have direct access to a minor arterial or collector roadway as defined and illustrated in the City of Columbus Comprehensive Plan. Transportation access or haul routes for mineral extraction vehicles shall similarly be limited to minor arterials or collector roadways as defined and illustrated in the City of Columbus Comprehensive Plan.
E. Application. An application for a mineral extraction Interim Use Permit shall be submitted to the City on a form supplied by the City. Information shall include but not necessarily be limited to the following:
1. Name, address, phone number, contact person for the operator.
2. Name, address, phone number of the landowner.
3. Acreage and complete legal description of the property on which the mineral extraction will be located, including all contiguous property owned by the landowners.
4. Acreage and site plan depiction where mineral extraction will occur on the property on which the permit will apply.
5. Estimated type and quantity of material to be extracted.
6. Estimated time frame to mine and reclaim the property.
7. A description of all vehicles and equipment estimated to be used by the operator on the property.
8. A description of the estimated average daily and peak daily number of vehicles accessing the property, including a breakdown of operator owned and non-operator owned vehicles.
9. A description of the haul routes within the City to be used in the mineral extraction operation.
F. Supporting Documentation. Every application for a mineral extraction Interim Use Permit shall include submission of the following supporting documentation:
1. A description of existing land uses on the subject property and all properties within one-half (1/2) mile.
2. 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.
3. 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 and water table elevation on the subject property must be submitted.
4. A general description of surface waters, existing drainage patterns and groundwater conditions within one-half (1/2) mile of the subject property.
5. 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.
6. A general description of the depth, quantity, quality and intended uses of the mineral deposits on the subject property.
7. Existing topography of the subject property, illustrated by contours not exceeding two-foot intervals.
8. Proposed topography of the subject property after mineral extraction has been completed, illustrated by contours not exceeding two-foot intervals.
9. An operations plan which illustrates the sequencing of mineral extraction, the locations of processing equipment, mineral stockpiles, staging areas, authorized accessory uses and access routes.
10. Copies of MPCA application documents and operating permits.
11. A description of the site hydrology and drainage characteristics during the operation. 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.
12. 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.
13. A description of the plan to mitigate potential impacts resulting from mineral extraction.
14. A description of site screening, landscaping and security fencing.
15. A complete description of site reclamation upon completion of mineral extraction on the subject property, including material quantities, backfilling methods, compaction standards, and seeding standards.
16. 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.
G. Performance Standards. Performance standards for mineral extraction shall include but may not be limited to the following:
1. Hours of operation for mineral extraction, including hauling of material, shall be limited to 8:00 a.m. through 7:00 p.m., Monday through Friday, excluding federal holidays.
2. The City may require watering to control dust at any time 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.
3. The City may require that any mineral extraction facility be enclosed with security fencing and gate-controlled access roads.
4. No mineral extraction activity may occur within one hundred fifty (150) feet of any adjacent property residence and within fifty (50) feet of any adjacent property line, road right-of-way or public utility. Screeners, crushers, other processing equipment or manufacturing equipment may not be located closer than five hundred (500) feet without berming or two hundred fifty (250) feet with berming from any adjacent property residence.
5. The maximum height of stockpiles shall not exceed the maximum height allowed for principal structures in the zoning district in which the property is located.
6. Maximum noise levels associated with mineral extraction activities shall be consistent with the standards established by the Minnesota Pollution Control Agency.
7. Mineral extraction operations shall be consistent with air quality and water quality standards and permit requirements established by the Minnesota Pollution Control Agency.
8. Mineral extraction operators shall use all practical means to eliminate adverse impacts on adjacent properties from vibration of equipment.
9. Mineral extraction operations must comply with all other Federal, State, regional, county and local laws and regulations.
10. The use of explosives is prohibited.
11. Unless otherwise specifically permitted in the mineral extraction Interim Use Permit, the net loss of upland buildable acres is prohibited.
12. Weeds shall be controlled at all times on the mineral extraction property.
13. Site reclamation shall include a restoration of topsoil and subgrade materials comparable with types, depths, and compaction of materials in pre-existing conditions. Maximum grades after site reclamation shall not exceed a 5:1 grade (20% slope).
14. Backhauling of materials is prohibited, unless said materials are approved as part of the site reclamation plans.
15. The City shall require a performance bond, cash escrow or a letter of credit, in a form acceptable to the City, to guarantee compliance with this Ordinance and the terms and conditions of the mineral extraction Interim Use Permit. The amount of financial guarantee shall be equal to six thousand dollars ($6,000.00) for every acre subject to disturbance. The financial guarantee shall be in full force and effect for at least six (6) months beyond the termination date of the mineral extraction Interim Use Permit.
[§ 7A-822, added by Ord. No. 16-12, effective December 22, 2016; amended by Ord. No. 21-09, effective December 8, 2021; amended by Ord. No. 23-05, effective August 31, 2023.]