An interim use permit is required for all new extractive uses, with the exception of the owner’s extractive use for personal/non-commercial purposes. As part of the interim use permit, an operation permit shall be required. In addition to the application, information, and review criteria for a general conditional use permit in this section, the following specific requirements shall be met for an extractive use conditional use permit.
(A) Operation permit required. It shall be required as part of the approval of the interim use permit for an extractive use that an operation permit be issued. The operation permit shall not run with the land. The operation permit will be for a specific operator and for a specific time limit reviewed annually.
(B) Specific evaluation criteria. In addition to the general criteria for evaluating an interim use permit in § 150.284, the following specific criteria shall be used in evaluating an application for an extractive use conditional use permit:
(1) The ability of roads to handle extractive related traffic;
(2) Air quality, dust and noise control measures, and ability to limit impact upon any adjacent residential properties according to MPCA standards;
(3) Groundwater protection;
(4) Property controlling access;
(5) Control of erosion and sedimentation;
(6) Impact within watershed;
(7) In harmony with the Comprehensive Plan; and
(8) Compatibility with adjacent and surrounding land use, zoning patterns, and patterns of development.
(C) Application information. In addition to the general application information for an interim use permit in § 150.284, the following specific application information shall be provided by the applicant for an extractive use interim use permit:
(1) A written description of the extractive use and operation thereof, including GPS coordinates;
(2) Amount of truck activity at highest and average levels; ADT (average daily total) counts;
(3) Dust control measures;
(4) Buffer area, on all sides of the operation;
(5) Hours of operation, along with duration of proposed activity;
(6) Truck routes to and from site;
(7) Types of barriers established, if necessary, for safety of people and livestock by the active area of excavation;
(8) Property line location, and full legal description of the site and easement documentation;
(9) Reclamation plans;
(10) Plans for screening from adjacent properties;
(11) Plans for drainage from the site;
(12) Long range plans for the site, phase development, and reclamation;
(13) Anticipated vegetative and topographic alterations;
(14) Proposed mitigation of effects on wildlife;
(15) Erosion and stormwater control plan;
(16) Proposed mitigation for cultural and/or archaeological sites;
(17) Noise abatement plan; and
(18) A description of all land uses within one-mile radius of the proposed extraction site.
(D) Site plan. In addition to the general application information for an interim use permit in § 150.284, the following site plan information shall be provided by the applicant for an extractive use conditional use permit:
(1) Location of all extractive use operations;
(2) Horizontal and vertical dimensions of the extractive site;
(3) All setbacks from roads and adjacent property lines;
(4) Location, size, and use of all structures on the parcel;
(5) Location of all adjacent structures and their uses within one-quarter of a mile;
(6) Area of excavation or phases of proposed excavation;
(7) Extent of vegetation in buffet area;
(8) All lakes, streams, and wetlands on property;
(9) Location of proposed stock piles or slag piles;
(10) Location of reclamation materials;
(11) Depth to saturated soil and average water table depth;
(12) All wells, both proposed and existing, all water sources and discharge sites; and
(13) USGS topographical map of the area delineating the site boundaries and access road.
(E) DNR permit. If applicant excavates into groundwater or below, a permit must also be obtained from the State DNR or other statutory regulatory agencies, pursuant to M.S. § 103G.245, as amended from time to time. Copy of permit shall be on file prior to commencement of operations.
(Ord. passed 4-10-2017)