In addition to the general conditions that may be imposed on an interim use permit in § 150.284, the following specific conditions shall be imposed on conditional use permits for extractive uses.
(A) Buffer area. A 50-foot buffer area, and additional area needed to maintain a three-to-one slope, shall be established between the extractive use site and the property line containing the extractive use. This buffer area may be altered through a written agreement with the adjacent property owner. Proof of the agreement shall be filed with the city and recorded with the County Recorder and specifically shall state what activities may take place in the buffer area. Without such agreement, the buffer area may be used under the following circumstances.
(1) The buffer area may contain the haul road if it is determined by the city that for safety purposes, the extractive site access needs to be within the buffer area.
(2) The haul road may also be placed in the buffer area to avoid wetlands.
(B) Depth to groundwater separation. The applicant must indicate depth to groundwater table in plan. Boring may be required. A minimum separation of one foot above the groundwater table must be maintained unless permit is on file.
(C) Reclamation during operation. All slopes shall be stabilized, equipment and structures removed, topsoil properly placed, and permanent seeding established, banks rounded, and other reclamation actions completed on an ongoing basis.
(1) Slope the banks at a minimum of three-to-one and otherwise properly guard and keep any pit or excavation in such condition so as not to be dangerous from caving or sliding banks.
(a) The tops of banks shall be rounded to conform to the surrounding topography.
(b) Properly drain, fill, or level any excavation, after created, so as to make the same safe and healthful as the Planning Commission/Board of Adjustment shall determine.
(2) All trees, brush, stumps, and any other debris removed for the sole purpose of operation of an extractive use site shall be disposed of in a manner acceptable to the Fire Warden and the local Solid Waste Department, A copy of the letter of acceptance shall be filed with the city. In no case shall vegetation from over a ten-acre area be kept on the property unless it is burned or buried.
(3) Keep any extractive use, excavation, or impounded waters within the limits for which the particular permit is granted.
(4) Before any permit is issued, the applicant must submit a reclamation plan for approval by the city. The plan shall meet the following minimum reclamation standards.
(a) Reclamation of the site within one year of the expiration of the operator permit. All buildings, structures, and plants incidental to such operation shall be dismantled and removed by, and at the expense of, the extraction operator last operating such buildings.
(b) The peaks and depressions of the area shall be graded and backfilled to a surface which will result in a topography in generally substantial conformity to the land area immediately surrounding, and which will minimize erosion due to rainfall. No finished slope shall exceed a three-to-one slope ratio.
(c) Reclaimed areas shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to be seeded with compatible plants.
(d) Such required topsoil shall be planted with legumes and grasses. Trees and shrubs may also be planted, but not as a substitute for legumes and grasses. Such planting shall adequately retard soil erosions, and be based on SWCD recommendations.
(e) Extractive use sites may also be reclaimed for wetland mitigation or creation and, if it is the intent of the operator to reclaim in that manner, it must be done pursuant to a plan approved by the city.
(f) Reclamation must occur within one year of the cease of operation.
(5) Interim use permits for extractive uses shall be reviewed by staff every two years at no additional cost to the applicant.
(6) The extractive use operation shall not adversely affect the quality or quantity of surface or subsurface water resources as defined by MPCA, DNR, USACOE, or MDH. Surface water originating outside and passing through the extraction district 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 mining operator shall perform any water treatment necessary to comply with this provision.
(7) No processing equipment, such as screening, crushing, washing plants, and the like may operate closer than 1,000 feet to a residence in existence at time of application unless the written consent of the resident is on file with the city.
(8) Hours of operation shall be set by the Planning Commission/Board of Adjustment.
(Ord. passed 4-10-2017) Penalty, see § 150.999