Loading...
Annual certification of all mineral extraction permits is required. The purpose of the annual certification is to maintain an updated listing of active permits in the city, to decertify any permits where the activity has ceased, and to monitor compliance with the conditions of approval. Permit holders must complete and return certification forms provided by the city. Failure to maintain certification shall be cause for revocation of the permit.
(Ord. 2015-02, passed 6-8-2015)
The following uses are prohibited unless specifically authorized in the mineral extraction permit:
(A) The washing of the extracted material;
(B) The production or manufacturing of veneer stone, sills, lintels, cut flagstone, hearthstones, paving stone and similar architectural or structural stone, and the storing or stockpiling of such products on the site; and
(C) The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready-mixed concrete, asphalt and any similar production or manufacturing processes.
(Ord. 2015-02, passed 6-8-2015)
The following performance standards apply to all mineral extraction facilities in the city.
(A) Minimum lot size. The minimum lot size for which mineral extraction permits may be issued is 20 acres. The City Clerk may issue an administrative permit for a temporary extraction activity on less than 20 acres associated with local construction projects. The permit shall be limited to one calendar year in duration and shall be subject to all performance standards of this chapter, unless certain standards are specifically waived by the City Clerk. The City Clerk may also require additional conditions, such as specifying haul routes and guaranteeing haul route maintenance and repair.
(B) Hours of operation. Mineral extraction facilities shall operate only between the hours of 6:00 a.m. and 8:00 p.m., Monday through Saturday.
(1) Operators are allowed a maximum of five one-day extensions to the hours of operation for evening work in a calendar year. Operators must notify the city in advance of the proposed extension.
(2) Other exceptions to the hours of operation must be approved by the city. Approval may only be granted in conjunction with the furnishing of material for a public improvement project that is underway during hours that the mineral extraction facility is not otherwise allowed to operate. Approval will be limited to those functions that cannot occur during normal hours of operation.
(3) Other exceptions approved by the City Council.
(C) Fencing. Fencing, signs and barriers are required around ponding areas and steep sloped excavation areas unless, because of their location, they are not deemed to create a safety hazard.
(D) Access. The location of the intersection of mining access roads with any public roads shall be selected such that traffic on the access roads will have a sufficient distance of the public road in view so that any turns onto the public road can be completed with a margin of safety.
(E) Roadway dust control. Operators shall be responsible for providing dust control on all gravel roads used by trucks hauling to or from a mineral excavation facility. Unless waived by the City Council in lieu of other remedies, watering roadways will be required when conditions warrant it.
(F) Mineral extraction facility dust control. The city may require watering in a facility when it is determined that airborne dust from extraction areas, processing activities, stockpiles or internal roadways create a public nuisance. Other remedies to control dust may include berming, landscaping, and enclosures for processing equipment. All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize dust conditions, as far as practical. All access roads from mining operations to public highways, roads or streets, or to adjoining property shall be paved or surfaced with gravel to minimize dust conditions.
(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 quality/water quality. All activities on the subject property will be conducted in a manner consistent with the Minnesota Pollution Control Agency's operating permits.
(J) Water resources. The mineral extraction operation shall not allow surface water to leave the site in a manner that causes flooding, erosion, or alteration of natural drainage patterns. The mineral extraction operation shall not adversely affect the quality of surface or subsurface water. Surface water originating outside and passing through the mineral extraction facility shall, at its point of departure from the mining site, be of equal quality to the water at the point where it enters the mining site. The operator shall perform any water treatment necessary to comply with this provision.
(K) Screening. To minimize problems of dust and noise and to shield mining operations from public view, a screening barrier may be required between the mining site and adjacent properties. The design of the screening barrier shall be adequate to provide screening that would minimize the visual interruption of the surrounding landscape. When practical, a screening barrier must be maintained between the mineral extraction operation and any public road.
(L) Unauthorized storage. Vehicles, equipment or materials not associated with the mineral extraction facility or not in operable condition may not be kept or stored at the facility, except as specifically authorized in the mineral extraction permit.
(M) Setbacks. Mineral extraction shall occur no closer than 50 feet from any property line or road easement. An exception to the property line setback requirement may be considered on a case-by-case basis where two mineral extraction facilities share a common lot line and the City Council determines it to be in the city's interest to waive all or portions of the contiguous setback areas between the facilities. The setbacks for all other equipment and activities shall be based upon performance standards for noise, dust control, visual screening and the like as determined in the application review process.
(N) Phasing. Phasing plans must be prepared for all mineral extraction facilities. The plans shall include the details and schedule for rehabilitation in the transition of one phase to another.
(O) Minimum disturbance. Existing trees and ground cover outside of mineral extraction areas shall be preserved to the maximum extent possible.
(P) Weed control. The operators shall be required to control noxious weeds and mow or harvest other vegetation to maintain reasonable appearance of the site.
(Q) 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, county and city requirements.
(R) Recycled concrete and asphalt. The importation of recycled concrete and asphalt may be considered an accessory use, at the discretion of the City Council, provided also that it is processed and prepared for construction reuse or sale.
(S) 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 regulations, shoreland management regulations and Zoning Ordinance regulations.
(T) Additional regulations. The city may impose additional regulations and requirements to the mineral extraction permit to protect the public health, safety and welfare.
(Ord. 2015-02, passed 6-8-2015)
Land rehabilitation plans for mineral extraction permits 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.
(A) Final grades may not exceed a 3:1 ratio (33% slope), except for rehabilitated areas in existence at the time of adoption of this chapter. In completing final grading in each phase, the top of the slope may begin 20 feet from property lines.
(B) A minimum of six inches of topsoil shall be placed on all graded surfaces.
(C) 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.
(D) 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.
(E) Soil erosion and sedimentation control measures shall be consistent with MPCA's Protecting Water Quality in Urban Areas.
(F) Unless otherwise amended or approved by the city, all final grades and site restoration efforts shall be consistent with the rehabilitation plan.
(G) Within six 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.
(H) Within 12 months after completion of mineral extraction or after termination of the permit, site rehabilitation must be completed.
(I) All water areas resulting from excavating shall be eliminated upon rehabilitation of the site. In unique instances where the City Council has reviewed proposals for water bodies at the time of approval of the overall plan and has determined that such would be appropriate as an open space or recreational amenity in subsequent reuse of the site, water bodies may be permitted.
(Ord. 2015-02, passed 6-8-2015)
(A) Any firm, person or corporation who violates any of the provisions of these regulations shall be guilty of a 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.
(B) In the event of a violation or threatened violation of any of the terms of this chapter, the city may take appropriate action to enforce this chapter, 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 property.
(Ord. 2015-02, passed 6-8-2015)