Section
155.01 Purpose
155.02 Definitions
155.03 Mineral extraction permit required
155.04 Exceptions from permit requirements
155.05 Permit application requirements
155.06 Permitting procedure
155.07 Security
155.08 Annual certification
155.09 Use restrictions
155.10 Mineral extraction performance standards
155.11 Land rehabilitation
155.99 Violations and penalties
The purpose of this chapter 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 other land uses.
(B) Establish permitting requirements, environmental review procedures and performance standards to regulate mineral extraction.
(C) Establish standards which prevent or minimize environmental and aesthetic impacts on extracted properties, adjacent properties and the community as a whole.
(D) 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 city comprehensive plan.
(Ord. 2015-02, passed 6-8-2015)
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USES. ACCESSORY USES of a mineral extraction facility include the manufacture, storage and sale of products made from minerals.
CITY COUNCIL. The City Council of the City of Harris, Minnesota.
COMMISSION. The Planning Commission of the City of Harris, Minnesota.
COMPREHENSIVE PLAN. The City of Harris Comprehensive Plan.
COUNTY. The County of Chisago, Minnesota.
DUST. Airborne mineral particulate matter.
EXCAVATION. The movement of minerals on site.
MINERAL. Sand, gravel, rock, soil, clay and similar higher density non-metallic natural minerals.
MINERAL EXTRACTION. The removal of minerals from the ground and off the site.
MINERAL EXTRACTION FACILITY. Any area used for mineral extraction and processing minerals, whether extracted on site or off site.
MINERAL EXTRACTION PERMIT. The permit required for mineral extraction facilities.
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, screen, mixing, storage and sale of minerals from the facility.
PROCESSING. Any activity which may include the crushing, screening, mixing, and stockpiling of sand, gravel, rocks, or similar mineral products into consumable products such as fill, construction grade sand, gravel, roadway mixes, and other similar granular 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 chapter.
SOIL. A natural three-dimensional body of the earth's surface.
SUBJECT PROPERTY. 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.
ZONING ORDINANCE. The City of Harris Zoning Ordinance.
(Ord. 2015-02, passed 6-8-2015; Am. Ord 2021-03, passed 5-10-2021)
A mineral extraction permit is required for all mineral excavation facilities. A mineral extraction permit is an interim use and shall be processed in accordance with § 154.29 of this code and the additional procedures and requirements of this section. Legal nonconforming mineral extraction facilities expanding on new parcel after adoption of this chapter shall be required to obtain a mineral extraction permit consistent with the provisions of this chapter. If operations are discontinued for a period of 12 months, or if the property is sold, a new permit must be applied for.
(Ord. 2015-02, passed 6-8-2015)
A mineral extraction permit shall not be required for the following:
(A) Excavation for a structure if a building permit has been issued.
(B) Excavation in a right-of-way or utility corridor by state, county or city authorities in connection with construction or maintenance of public improvements.
(C) Excavation for agricultural purposes.
(D) Excavations for public utility purposes.
(Ord. 2015-02, passed 6-8-2015)
(A) Application form. An application for a mineral extraction permit shall be submitted to the city on a form supplied by the city. Information shall include, but not be limited to the following:
(1) The following maps of the entire site and to include areas within 500 feet of the site. All maps shall be drawn at a scale of 1 inch to 200 feet unless otherwise stated below:
(a) Map A: Existing conditions to include:
1. Property boundaries;
2. Contour lines at ten-foot intervals;
3. Existing vegetation;
4. Existing drainage and permanent water areas;
5. Existing structures;
6. Existing wells and private sewer systems of record;
7. Existing pipelines, power lines and other utilities; and
8. Easements.
(b) Map B: Proposed operations to include:
1. Property boundaries;
2. Structures to be erected;
3. Location of sites to be mined showing depth of proposed excavation;
4. Location of tailings deposits showing maximum height deposits;
5. Location of processing areas and machinery to be used in the mining operation;
6. Location of storage of mined materials, showing height of storage deposits;
7. Location of vehicle parking;
8. Location of storage of explosives;
9. Erosion and sediment control structures; and
10. Haul routes.
(c) Map C: End use plan to include:
1. Property boundaries;
2. Final grade of proposed site showing elevations and contour lines at five-foot intervals;
3. Location and species of vegetation to be replanted;
4. Location and nature of any structure to be erected in relation to the end use plan; and
5. Turf rehabilitation plan.
(2) Name, address, phone number, contact person for the operator.
(3) Name, address, phone number of the landowner.
(4) Names of the adjacent landowners including all those within a 1/4 mile radius of the boundary line of the subject property.
(5) Acreage and complete legal description of the subject property on which the facility will be located, including all contiguous property owned by the landowners.
(6) A narrative outlining the type of material to be excavated, mode of operation, estimated quantity of material to be extracted, plans for blasting, and other pertinent information to explain the request in detail.
(7) Phasing plan and estimated time frame to operate the facility.
(8) A description of all vehicles and equipment estimated to be used in the operation of the facility, including a description of the estimated average daily and peak daily number of vehicles accessing the facility.
(9) Any other information or documentation required for issuance of the mineral extraction permit.
(B) Supporting documentation. Every application for a mineral extraction permit shall include submission of supporting documentation, which shall include, but is not limited to the following:
(1) A description of existing land uses on the subject property and all properties within 1/4 mile.
(2) A description of land use designations in the comprehensive plan and zoning classifications of the subject property and all properties within 1/4 mile.
(3) A description of the soil, vegetation, mineral content and topography of the subject property. A minimum of three soil boring logs representative of the site and a description of the subsurface materials on the subject property must be submitted.
(4) A general description of surface waters, existing drainage patterns and groundwater conditions within 1/4 mile of the subject property.
(5) A general description of the depth, quantity, quality and intended uses of the mineral deposits on the subject property.
(6) Copies of the MPCA application documents and operating permits.
(7) A description of the site hydrology and drainage characteristics during extraction for each phase of mineral extraction. 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.
(8) 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.
(9) A description of the plan to mitigate potential impacts resulting from mineral extraction.
(10) A description of site screening, landscaping and security fencing.
(11) Site rehabilitation plans for each phase of operation and upon completion of mineral extraction of the subject property.
(12) A description of the method in which complaints about any aspect of the mineral extraction facility operation or off-site transportation are to be received and the method by which complaints are to be resolved.
(13) A plan for groundwater quality protection. A minimum of three cross-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.
(Ord. 2015-02, passed 6-8-2015)
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