(A) A reclamation plan must include the grading plans, on-site topsoil replacement, seeding, mulching, erosion control and sedimentation control specifications for each phase and the final site restoration. The operator and owner must follow the reclamation plan approved in the interim use permit. The following minimum standards and conditions apply:
(1) The peaks and depressions of the area shall be reduced to a surface which will result in a gently rolling topography in substantial conformity with an accepted end land use plan or to the land area immediately surrounding, and which will minimize erosion due to rainfall. No graded slope shall exceed a 4:1 ratio (25%). The final grade slope shall commence at the property boundary. Berms will be removed to the original elevation of the land, unless the Planning Commission has approved a different elevation as part of the end use plan.
(2) Excavations made to a water producing depth must meet the following requirements:
(a) The depth of the excavation for lake end-use must not be less than ten feet nor more than 30 feet below the natural low water mark, as determined by the Planning Commission after consultation by the City Engineer and/or the Department of Natural Resources.
(b) The depth of the excavation for a wetland end-use shall be from one foot above the natural low water mark to a depth not to exceed one foot below the natural low water mark, as determined by the Planning Commission after consultation by the City Engineer and/or the Department of Natural Resources.
(c) A combination of the requirements of divisions (1) and (2) as approved by the city.
(d) All banks shall be sloped to the water line at a slope that shall not be steeper than ten feet horizontal to one foot vertical (10:1) for a lake end-use, and ten feet horizontal to one foot vertical (10:1) for a wetland end-use.
(e) All banks shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least six inches.
(f) Such topsoil as required by the preceding division shall be planted with trees, shrubs, legumes or grasses.
(g) All materials used for back-filling in any area of the reclamation shall be tested and be free of all contaminants, and shall be non-noxious, non-flammable and non-combustible.
(3) Excavating not made to a water producing depth, but which must be graded or back-filled, shall meet the following requirements:
(a) All materials used for back-filling in any area of the reclamation shall be tested and be free of all contaminants, and shall be non-noxious, non-flammable and non-combustible.
(b) The graded or back-filled area shall not collect or permit stagnant water to remain therein.
(c) Such graded or back-filled area shall be sodded or surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth of at least six inches.
(d) Such topsoil as required by the preceding division shall be planted with trees, shrubs, legumes or grasses.
(4) 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.
(5) Soil restoration including any necessary soil compaction, 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.
(6) Unless otherwise amended or approved by the city, all final grades and site restoration efforts shall be consistent with the reclamation plan.
(7) When the end-use is some form of open space, the type of vegetative re-growth must provide appropriate habitat for wildlife consistent with the form of end-use.
(8) The end-use plan shall consider the safe use of the property. The end-use plan shall be consistent with the Comprehensive Plan and Zoning Ordinance.
(9) Within nine months after the completion of natural resource extraction or after termination of the interim use permit, or any other required permit, all equipment, vehicles, machinery, materials, stock piles of extracted materials, and debris shall be removed from the subject property.
(10) For any phase of a phased removal plan, within three months after completion of natural resource extraction for that phase, reclamation must be completed. If the permit is terminated earlier, reclamation must be completed within three months after termination. If reclamation is not completed within three months, the city shall have the right to obtain a court order permitting the completion and shall have with court permission the right to enter the property and cause the reclamation plan to be completed and place any and all reasonable costs onto the tax role for such property.
(Ord. 508, passed 9-12-16)