For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EXCAVATION. Any activity, other than agricultural activities, which disturbs the surface of the land including, but not limited to, drilling or boring holes, embankments, land development, mineral extraction and moving disposition, or storing of minerals, soil or rock.
MINERAL. Any valuable inert or lifeless substance formed or deposited in its present position through natural agencies alone and which is found in or upon the soil of the earth or in the rocks beneath the soil; and shall include, but not be limited to, not only the various ores of the precious metals, but also coal, gravel, clay, marble, stone of various sorts, slate, salt, sand, natural gas, petroleum and water.
ONE ACRE OR MORE. The combined total area used for access and haul roads, stockpile and storage areas, and all other areas disturbed or used incidental to the project.
OPERATOR. Any person, partnership, company or corporation engaged in the excavation of minerals.
PERMITTEE. Any person, partnership, company or corporation to which a permit has been legally granted under this chapter.
STABILIZATION. The proper placing, grading and/or covering of soil or rock to ensure their resistance to erosion, sliding or other movement.
WELL. A borehole in the earth for the purpose of or to be used for producing, extracting or injecting any gas, oil, water or other mineral.
(Ord. 1278, passed 10-19-1981)
(A) A permit shall be required for all mineral excavation within the city which disturbs one acre or more. A separate permit shall be required for each mineral excavation site.
(B) The fee to be charged to obtain a mineral excavation permit in the city shall be and is hereby fixed at the rate of $500.
(Ord. 1278, passed 10-19-1981; Res. passed 10-19-1981)
Editor’s Note:
See also city’s fee schedule
(A) Application for a mineral excavation permit shall be made by the land owner, lease holder, owner of the mineral rights on or under said land or their assigns. If the applicant is not the land owner, the applicant shall show written evidence of approval by the land owner for mineral excavation on such property.
(B) The land owner, lease holder, owner of the mineral rights and/or their assigns shall each and/or all be responsible to obtain the aforesaid permit.
(C) No site work shall begin unless the operator has first made application for a permit and then has obtained a mineral excavation permit from the city.
(D) No mineral excavation permit shall be approved unless the applicant has first obtained a permit from the state’s Department of Environmental Resources in accordance with Title 25, Part I, Chapter 102 Erosion Control, as amended, plus any laws and regulations subsequent thereto. The applicant shall have an approved soil erosion and sedimentation control plan which shall comply with all Department of Environmental Resources rules and regulations, together with all comments and/or approvals from the County Conservation District. A copy of these approvals, plus all submitted back up data required to obtain such approvals, shall be submitted to the city a minimum of 15 days prior to issuance of any mineral excavation permit. All soil erosion and sedimentation control measures shall meet the approval of the city.
(Ord. 1278, passed 10-19-1981)
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