§ 156.17 OPERATING CONDITIONS.

(A) Pre-permitted uses. Mining operations operating with a valid conditional use permit issued by the city and in compliance with the terms and conditions of the conditional use permit shall be permitted to continue subject to the following: The uses shall not be permitted to expand, either in size or use, beyond the limits set forth in the conditional use permit without first obtaining a new conditional use permit.

(Prior Code, Ch. 901 § 3.1)

(B) Permit required. A mining permit is required for all mining operations and is subject to the following:

(1) The operation of a mining operation without a valid conditional use permit is declared to be a nuisance, and it shall be unlawful for any person, partnership, company, or corporation to engage in mining in violation of this section, or for any property owner to permit a person to mine his or her property in violation of this section.

(2) The information contained in the preliminary permit shall be used by the Zoning Administrator to prioritize existing mining operations as to their potential aesthetic and environmental impacts. The impacts shall be the basis on which the Zoning Administrator provides notification to existing operations of the need for a conditional use permit. Existing operations must apply for a conditional use permit within 90 days of being notified by the Zoning Administrator of the need for a permit. If no permit is applied for and/or subsequently issued, all mining operations shall cease and the property restored in accordance with the provisions of this chapter.

(3) The conditional use permit issued by city shall be valid for a maximum of 1 year. If the operator seeks to continue beyond expiration, an application for a new permit must be applied for at least 90 days prior to the expiration of the current permit. An annual permit issued by the city is required each year as specified below.

(4) (a) In order for the city to grant a conditional use permit for a new mining operation or the expansion or change in use of an existing operation, whether under permit or not, all of the following criteria must be met:

1. The subject property is in an A-1 Zoning District;

2. The property is at least 40 acres in size;

3. All other standards for approval of a conditional use permit as contained in § 159.149 of the city Zoning Regulations are met;

4. The operation is consistent with the City Comprehensive Plan; and

5. Compliance with all provisions of this chapter.

(b) Provided, however, that for operations existing on the effective date of this chapter, who are not pre-permitted uses and who do not seek to expand their operation beyond the standards set forth in their preliminary permit, need only comply with performance standards contained in this chapter.

(Prior Code, Ch. 901 § 3.2)

(C) Annual permit. The City Council shall issue an annual permit as required by this chapter subject to the following: Prior to the issuance of the annual permit, a copy thereof shall be submitted to the Zoning Administrator who will review it to see that it complies with the requirements of this chapter and the city permit issued. If the permit conforms to the requirements of this chapter and any more restrictive conditions set forth by the city, the annual permit may be issued. If it does not conform to the city permit, the Zoning Administrator shall refer it to the City Council for review.

(Prior Code, Ch. 901 § 3.3)

§ 156.16 PERMIT APPLICATION.

(A) The application for a conditional use permit for a mining operation must be filed with the Zoning Administrator. The Zoning Administrator shall follow procedures prescribed in § 159.024 of the City Zoning Regulations. Applications for renewal for a permit must be made 90 days prior to the termination of the previous permit. The application must be made in the name(s) of the operator of the mine and owner of the land to be mined.

(Prior Code, Ch. 901 § 5.1)

(B) The application shall contain the following:

(1) The name and address of the operator and owner of land;

(2) An accurate legal description of the property where the mining shall occur;

(3) Names of the adjacent landowners including all those within a 500-foot radius of the property;

(4) Survey indicating property boundaries;

(5) A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed excavation. Topographic data, including contours at 2-foot vertical intervals; watercourses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping. Existing operations which previously had topographic data completed at 4-foot intervals are acceptable, provided they were done utilizing aerial photography or actual field investigation. Interpolated data from U.S.G.S. quadrangle maps is not permitted;

(6) A narrative outlining the type of material to be excavated, mode of operation, an estimate of amount of material to be removed, plans for blasting, and other pertinent information to explain the request in detail;

(7) A fee as established by ordinance of the City Council;

(8) A general location map showing the proposed mining site in relation to the city;

(9) A map showing access routes between the property and the nearest arterial road;

(10) Roads or streets: show name, right-of-way width and traveled portion width;

(11) Easements: show widths and identify utility or other purposes;

(12) Natural land features: show location of watercourses and drainage ways, flood of record, wetlands, sinks, basins, and wooded areas;

(13) Man-made features: show buildings and other structures, dams, dikes, and impoundments of water;

(14) Adjacent land features: all of the standards above shall apply to delineation of the area within 300 feet of the perimeter of the mined area. In addition, show all platted subdivision lots, metes and bounds parcels, and all homes within 1/4 mile of the property boundaries;

(15) Groundwater: a plan for groundwater quality protection shall be submitted with the application. The plan shall include a minimum of 3 borings showing depth to groundwater. If groundwater is not encountered at a depth of 15 feet below the bottom of the proposed pit floor, the applicant need not extend borings any further;

(16) Cross-section: a minimum of 3 cross-sections 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;

(17) Processing areas shall be identified and boundaries shown to scale;

(18) Access road to processing and mining areas shown to scale;

(19) Sequences of operation showing approximate areas involved shall be shown to scale and serially numbered with a description of each;

(20) Location of screening berms shall be shown to scale, and notes shall be provided indicating when they will be used as reclamation material. In the same manner overburden storage areas shall be identified and noted;

(21) Fences and gates shall be shown on the site map, and their type or construction shall be described;

(22) Proposed location of principal service or processing buildings or enclosures shall be shown, as well as location of settling basins and process water ponds;

(23) Site drainage features shall also be shown and flow directions indicated;

(24) Lighting: set forth the planned lighting of the area and any other equipment or structures that will be installed or built;

(25) Reclamation plan in conformance with § 156.18;

(26) The operator must indicate if blasting is proposed as part of the mining operation and frequency of blasting; and

(27) Any other information or reports the Planning Commission deems necessary for purposes of evaluating environmental or aesthetic impacts.

(Prior Code, Ch. 901 § 5.2)

(C) A mandatory Environmental Assessment Worksheet (EAW) shall be required for development of a facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals which will excavate 40 or more acres of land to a mean depth of 10 feet or more during its existence. The city will be responsible for the hiring of a firm to prepare an Environmental Assessment Worksheet. Costs associated with the preparation of an Environmental Assessment Worksheet shall be borne by the applicant.

(Prior Code, Ch. 901 § 5.3)

(D) A mandatory Environmental Impact Statement (EIS) shall be required for the development of a facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals, which will excavate 160 acres of land or more to a depth of 10 feet or more during its existence. The city will be responsible for the hiring of a firm to prepare an Environmental Assessment Worksheet. Costs associated with the preparation of an Environmental Assessment Worksheet shall be borne by the applicant.

(Prior Code, Ch. 901 § 5.4)

(E) (1) The maximum depth of excavation shall be established so that groundwater quality is protected. This depth of excavation shall be established by the Planning Commission and will be based, in part, upon soil characteristics, depth of water table, nature of mining proposed and local use of the aquifer. Mining shall not occur in confined aquifers. Excavation into unconfined aquifers must be closely monitored and conducted according to the conditions of the permit.

(2) No extraction operations shall be conducted in such a manner as to permanently lower the water table of surrounding inhabited properties or any other water body. An Environmental Assessment Worksheet shall be required for any operation in which mining is proposed below the groundwater level.

(Prior Code, Ch. 901 § 5.5)

(F) All provisions of the Minnesota Environmental Quality Board (EQB) Environmental Review Program must be complied with.

(Prior Code, Ch. 901 § 5.6)

(G) Permits from the Minnesota Pollution Control Agency may be required for a mining operation in relation to air and water quality. An air quality permit may be necessary for smoke stack discharges from processing plants or fugitive dust from operating areas. If the mining operation discharges water (from pit de-watering and/or gravel washing), a state disposal system permit or a national pollution discharge elimination permit may be necessary from the Minnesota Pollution Control Agency. As a condition of any permit issued pursuant to this chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary.

(Prior Code, Ch. 901 § 5.7)

(H) Permits from the Minnesota Department of Natural Resources may be required in the event any type of work is proposed in public waters or if there is a need for de-watering the pit to gain access to sand, gravel, and rock. A permit may also be needed for a well in connection with a washing facility. As a condition of any permit issued pursuant to this chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary.

(Prior Code, Ch. 901 § 5.8)

(I) A mining permit must be secured from the city in which the property to be mined is located or the applicant must present evidence a permit is not needed.

(Prior Code, Ch. 901 § 5.9)

(J) Any mining operation having access from a state or county highway must obtain an access permit from the respective agency. A turn lane and/or bypass lane may be required by the respective agency to reduce the risk of traffic safety hazards. The cost of construction of a turn or bypass lane shall be the sole expense of the operator.

(Prior Code, Ch. 901 § 5.10)

(K) As part of the original application for a mining permit and any subsequent renewals, the applicant shall submit grading plans and phased rehabilitation plans to the Washington County Soil and Water Conservation District and the appropriate Watershed District or Water Management Organization for approval. Their approval shall be made prior to the recommendation of the Planning Commission or City Council approval.

(Prior Code, Ch. 901 § 5.11)

(L) Abandoned wells must be sealed in accordance with state, county, and city requirements.

(Prior Code, Ch. 901 § 5.12)

§ 156.17 OPERATING CONDITIONS.

The following operating conditions and standards must be met for all mining operations.

(A) Setbacks. No mining, stockpiling, or land disturbance shall take place:

(1) Within 50 feet of adjoining property lines;

(2) Within 200 feet of any existing occupied structures not owned by the operator or owner;

(3) Within 100 feet of any contiguous property subdivided into residential lots;

(4) Within 100 feet of any road right-of-way of any existing or platted street, except the amount of material stockpiled on the effective date of this chapter may continue but not be expanded. Mining may be allowed up to 50 feet of the road right-of-way so long as the property is restored to 100 feet within 1 mining season period, as set forth in the approved reclamation plans; and

(5) If 2 or more mining operations are contiguous to one another, the common boundary may be mined if the Planning Commission approved the respective restoration plans.

(B) Fencing. Where deemed necessary by the Planning Commission/City Council for the protection of the general public, a fence shall be constructed prior to the commencement of the operation, enclosing the area authorized by the permit to be mined. Where fencing is required by the Planning Commission/City Council, the fence shall be, at a minimum, a 3-strand wire fence, and the fence shall be posted with warning signs. The Planning Commission/City Council reserves the right to require alternative fencing standards if conditions warrant. The fence shall be maintained and shall remain until reclamation is determined to be complete.

(1) Those portions of the mining operation consisting of excavating, stockpiling, processing, or hauling shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless other hours or days of operation are specifically authorized by the local City Council. No such operations shall be allowed on holidays unless approved by the local City Council.

(2) Retail sales of product are allowed on Saturdays between the hours of 8:00 a.m. and 5:00 p.m. unless otherwise prohibited by the local City Council. RETAIL SALES for the purposes of this section shall mean the sale of product to individuals for personal use and shall exclude commercial hauling.

(3) Blasting shall only take place between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Blasting is not permitted on holidays.

(D) Screening.

(1) Where deemed necessary by the Planning Commission/City Council, extracting and processing operations shall be screened or located in such a manner so as to minimize their visual impact on surrounding properties. To minimize their visual impact on surrounding properties, a continuous screen shall be installed and maintained, either along the street or along the perimeter of the visible portion of the area being operated.

(2) The following shall serve as the minimum performance standards and may be varied as determined by the Planning Advisory Commission: The screen shall have a total height of not less than 6 feet and shall consist of the following types:

(a) Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of 4 inches thick.

(b) Berms. A berm shall be constructed of earthen materials, and it shall be landscaped.

(d) Fences, open. An open weave or mesh-type fence, when not used in combination with a berm, shall be combined with plant materials to form a continuous screen.

(e) Planting.

1. Plant materials, when used as a screen, shall consist of dense evergreen plants or a majority of dense evergreen plant materials combined with deciduous plants, provided a continuous screen is established. They shall be of a kind or used in such a manner so as to provide a continuous screen 24 months after commencement of operation in the area to be screened. Plant materials shall not be limited to a maximum height. The design shall be prepared by a licensed landscape contractor or an architect.

2. The city shall require that either division (D)(2)(a), (b), or (c) above shall be installed if, after 24 months after commencement of operations in the area to be screened, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.

(f) Required screening.

1. Required screening shall be set back at least 20 feet from the point of intersection of:

a. A vehicular access way or driveway and a street.

b. A vehicular access way or driveway and a sidewalk; and

c. Two or more vehicular access ways, driveways, or streets.

2. Required screening shall be installed prior to commencement of operations.

(E) Dust control. The owner must construct, maintain and operate all equipment in such a manner as to minimize on-site and off-site dust conditions. All operations shall meet the standards of the State Pollution Control Agency. The driveway access to the sand and gravel operation must be set back at least 25 feet from neighboring property lines. The operator shall maintain all ways and roads within the site in a dust-free condition, providing the surfacing or other treatment as may be deemed necessary by the Planning Commission/City Council; provided that the treatment produces no potential pollution hazards to the ground and surface waters of the area. All gravel pit access roads shall be provided and maintained with a dustless non-oiled surface not less than 22 feet wide from the connection to a public road to a point within 100 feet of the loading area. Access roads shall also be constructed and maintained in such a manner that the deposit of earth materials on public roads is minimized. The Planning Commission/City Council may require a blacktopped road if deemed necessary.

(F) Noise. All equipment and other sources of noise must operate so as to be in accordance with federal, state, and county noise standards.

(G) Depth of excavation. The maximum depth of excavation may be regulated based on groundwater protection and/or the ability to restore the property.

(H) Site clearance. All stumps and other debris resulting from the excavation or related activities should be disposed of by approved methods.

(I) Appearance/condition. The operator must maintain buildings and plants in a neat condition. Weeds and other unsightly or noxious vegetation shall be controlled as necessary to preserve the appearance of the landscaped area. Existing trees and topsoil along existing public right-of-way shall be preserved, maintained and supplemented for the depth of the setback or as stipulated in the conditional use permit or excavation permit.

(J) Sewer. The operator shall provide for adequate drainage to sanitary sewer and storm sewer including lift stations, if necessary.

(K) 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, and county requirements.

(L) Water quality monitoring. Water quality monitoring when required shall conform to the following standards: Water from monitoring wells and water collected or discharged from the mining area shall be analyzed until 1 year after reclamation is completed. Samples from monitoring wells shall be taken and testing results submitted prior to the annual permit renewal. More frequent monitoring may be required by the Planning Commission/City Council. Sampling and testing shall be done by an independent testing laboratory or an agency chosen by the Planning Commission/City Council. Monitoring wells shall be sealed 1 year after reclamation efforts are complete if the site is determined to be uncontaminated. Water samples shall be analyzed to determine the level of nitrates, pesticides, herbicides, and volatile organic compounds specified by the city.

(M) Added provisions. The operator must comply with such other requirements that the city, from time to time, may find necessary to adopt for protection of the health, safety, welfare, and prevention of nuisances in the area.

(N) Processing. Any mining operation in which processing is proposed must meet the following performance standards:

(1) A conditional use permit is required for any new or existing mining operation which desires to add processing equipment on-site.

(2) The application must include the nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water.

(3) Operators who wish to have processing equipment on a temporary basis (processing to be done no more than 15 working days a calendar year, excluding time for assembly and disassembly) shall meet the following criteria:

(a) Only materials removed on site are allowed to be processed. No materials may be hauled onto the property for processing, unless all material can be processed during the 15-day time period.

(b) Setbacks as outlined in division (A) of this section must be met.

(d) Operator must notify the city 1 week in advance and obtain a certificate of compliance/city permit from the Zoning Administrator.

(e) Processing shall not take place more than 15 working days per year.

(f) Crushing equipment must be placed in the bottom of the pit area if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact.

(4) Operators desiring to have permanent processing equipment (more than 15 days per year) on site must meet the following standards:

(a) All federal, state, and local air, water, and noise quality standards must be met.

(b) Mining operations established after the effective date of this chapter must encompass at least 40 acres of land area under permit.

(d) Machinery must be buffered and all noise standards of the state and county must be met.

(e) Crushing equipment must be placed in the bottom of the pit if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact.

(f) Setback requirements as set forth in division (A) of this section must be met.

(5) A temporary processing plant in conjunction with a specific road project, located in the right-of-way or very close proximity to the subject road, will be allowed subject to the following conditions:

(a) All federal, state, and local air, water, and noise quality standards must be met.

(b) A certificate of compliance/city permit must be obtained from the City Zoning Administrator.

(d) Site selection shall not have a negative effect on the public health, safety, and welfare.

(e) The City Council must approve the request.

(f) The processing plant shall not be on the property for more than 120 calendar days.

(g) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining.

(h) A bond, in an amount determined by the Zoning Administrator, must be posted to assure restoration of the site.

(O) Recycling. The crushing/processing of used aggregate, concrete and asphalt will be permitted subject to the following conditions:

(1) Recycling in conjunction with a specific road project and within the right-of-way or in very close proximity to the subject road shall be permitted for a maximum of 120 days subject to the following standards:

(a) A certificate of compliance/city permit is obtained from the City Zoning Administrator.

(b) The processing equipment must be located so as to minimize the effect on surrounding property owners.

(d) The City Council must approve the request.

(e) If the Zoning Administrator denies the certificate of compliance/city permit, appeal of this decision may be made to the City Council.

(f) All federal, state, and local air, water, and noise standards must be met.

(2) Recycling in conjunction with an approved mining permit shall be allowed subject to the following conditions:

(a) Standards contained in division (N) of this section must be met.

(b) An estimate of the amount of material to be processed must be submitted. The pile of material to be recycled shall be limited to the amount that can reasonably be processed in 2 consecutive mining seasons.

(P) Trucking operations. All new mining operations must have access to the pit area from a 9-ton blacktop road unless the applicant demonstrates to the Planning Commission/City Council that conditions are such in a particular area that access to a gravel road will not adversely affect the public health, safety or welfare. The operator shall ensure all loads leaving any pit regulated by this chapter are loaded so as to comply with state law.

(Q) Asphalt plants and concrete ready mix plants. A conditional use permit shall be required for any new or existing mining operation that wishes to have a permanent asphalt plant and/or a concrete ready mix plant. These plants are intended to manufacture only bituminous asphalt mix and concrete mix for distribution off-site. No retail sales of the product are allowed on-site. Temporary asphalt plants and concrete ready mix platens may be allowed if the following conditions are met.

(1) Operators desiring to have a temporary asphalt plant and/or a concrete ready mix plant must meet the following standards:

(a) Asphalt plants and concrete ready mix plants must not be on the property for more than 15 days per year.

(b) All setbacks as set forth in division (A) of this section must be met.

(c) All federal, state, and local air, water, and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency.

(d) In the absence of a definitive plan to prevent surface and groundwater contamination, asphalt plants must be equipped with a bag house so there is no water discharge from the unit.

(e) Equipment must be located in such a manner so as to have the least environmental and aesthetic impact.

(f) Must have approval of the City Council.

(g) A certificate of compliance/city permit is obtained from the Zoning Administrator.

(2) Operators desiring to have a permanent asphalt plant and/or a concrete ready mix plant (more than 15 days per year) must meet the following standards:

(a) Asphalt operations and concrete ready mix plants established after the effective date of this chapter must encompass at least 40 acres under permit.

(b) All setbacks as set forth in division (A) of this section must be met unless it was in existence as a permanent asphalt plant on the effective date of this chapter; in which case, it cannot expand unless it complies with the setbacks set forth in division (A).

(c) All federal, state, and local air, water, and noise quality standards must be met. An air quality permit and/or a stormwater permit must be obtained from the Minnesota Pollution Control Agency.

(d) In the absence of a definitive plan to prevent surface and groundwater contamination, asphalt plants must be equipped with a bag house so there is no water discharge from the unit.

(e) Equipment must be screened and located in such a manner so as to have the least environmental and aesthetic impact.

(3) A temporary asphalt plant in conjunction with a specific road project will be allowed subject to the following conditions:

(a) All federal, state, and local air, water, and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency.

(b) A certificate of compliance/city permit must be obtained from the Zoning Administrator.

(c) The processing equipment must be located in such a manner so as to have the least environmental and aesthetic impact.

(d) Site selection shall not have a negative effect on the public health, safety, and welfare.

(e) The City Council must approve the request.

(f) The asphalt plant shall not be on the property for more than 120 days.

(g) In the absence of a definitive plan to prevent surface and groundwater contamination, asphalt plants must be equipped with a bag house so there is no water discharge from the unit.

(h) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining.

(i) A bond, in an amount determined by the Zoning Administrator, must be posted to assure restoration of the site.

(R) Fuel storage. All on-site storage of fuel must meet federal, state, and local standards.

(Prior Code, Ch. 901 § 6.1)

§ 156.18 RECLAMATION.

(A) Reclamation plan. The applicant must submit a reclamation plan consisting of graphic representation as required in § 156.16 along with written text. The plan must contain the following elements:

(1) Intent of reclamation;

(2) Methods and processes of reclamation;

(3) Initial condition of mining site;

(4) Limits of various operational areas;

(5) Phasing and timing of operation and reclamation, including areas to be stripped of overburden;

(6) Final condition of site, including proposed contours and potential development plan;

(7) Relation of final site condition to adjoining land forms and drainage features;

(8) Relation of reclaimed site to planned or established uses of surrounding land;

(9) A plan for maintenance of reclaimed area; and

(10) A detailed cost estimate of reclamation.

(Prior Code, Ch. 901 § 7.1)

(B) Timing. Restoration should proceed in a continuous manner and must be subject to review and approval at each annual inspection and at the end of the permit period.

(Prior Code, Ch. 901 § 7.2)

(C) Excavations; water accumulation areas. Excavations resulting in the accumulation of substantial water areas after rehabilitation must meet the following requirements:

(1) The water depth must not be less than 3 feet measured from the low water mark, unless a plan for creation of a wetland or marsh has been approved.

(2) All banks shall be sloped to the water line at a slope which shall not be steeper than 4 feet horizontal to 1 foot vertical.

(3) All banks shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding and to a depth of at least 4 inches; sodding or seeding and mulching is also required. Mulch must be properly anchored.

(4) Topsoil as required by division (C)(3) above shall be planted with trees, shrubs, legumes, or grasses;

(5) Slopes on reclaimed areas shall not be steeper than 4 feet horizontal to 1 foot vertical, except in cases where non-erosion conditions are present and the City Council approves the reclamation plan.

(6) In man-made groundwater lakes, the bottom contour shall be gradually sloping from the shoreline to the deepest portion of the water body, a maximum slope of 6 feet horizontal to 1 foot vertical for at least 100 feet from the proposed shoreline toward the center of the water body. Beyond 100 feet in horizontal distance, the slope of the bottom contours may be no steeper than 3:1.

(Prior Code, Ch. 901 § 7.3)

(D) Excavations; grading or backfill. Excavations not resulting in water areas after rehabilitation but which must be graded or backfilled, shall meet the following requirements:

(1) Fill shall be inspected and certified as being clean (free from volatile organic compounds and heavy metals) before being used for reclamation. Organic soil shall be used only for topsoil;

(2) The grading or backfilling shall be made with non-noxious, nonflammable, noncombustible solids;

(3) The graded or backfilled area shall not collect or permit stagnant water to remain therein;

(4) The peaks and depressions of the area shall be reduced to a gently rolling topography in substantial conformity to the land area immediately surround and which will minimize erosion due to rainfall;

(5) The graded or backfilled area shall be surfaced with soil of a quality at least equal to the topsoil of land areas immediately surrounding, and to a depth at least 4 inches;

(6) The topsoil as required by division (C) above shall be planted with trees, shrubs, legumes, or grasses;

(7) Slopes on reclaimed areas shall not be steeper than 4 feet horizontal to 1 foot vertical, except in cases where non-erodible conditions are present and the Planning Commission/City Council approves the reclamation plan; and

(8) All rehabilitation areas which are planned for building purposes shall have a final elevation at least 10 feet above the normal ordinary groundwater level. If public sewer is not available, plans for on-site septic systems must be considered. If area is backfilled for purposes of future development, the soil must be compacted, and subsequently tested by a registered soils engineer and approved.

(Prior Code, Ch. 901 § 7.4)

(E) Drainage. Reclamation shall proceed in such a way that natural and storm drainage, where it enters and leaves the premises, shall be altered only to the least degree necessary to carry out excavation and related activities. Any alteration of natural and storm drainage shall not adversely affect public roads or neighboring uses.

(Prior Code, Ch. 901 § 7.5)

(F) Cover and planting. The reclamation area shall be planted with grass, trees, shrubs, or other vegetation to prevent erosion and provide for screening and natural beauty. Technical assistance and soils data should be obtained from the County Agricultural Agent, appropriate state and federal officials, Conservation Districts, and the nearest Soil Conservation Service office.

(Prior Code, Ch. 901 § 7.6)

(G) Topsoil. When topsoil is stripped or removed, it must be set aside on the site for re-spreading over the excavated area. These overburden stockpiles must be used to minimize the effects of erosion of wind or water upon public roads, streams, or adjacent land uses and shall not be sold or removed from the property.

(Prior Code, Ch. 901 § 7.7)

(H) Removal of structures. Within a period of 6 months after the termination of a mining operation, or within 6 months after abandonment of the operation for a period of 6 months, or within 6 months after expiration of a sand and gravel pit, all building and other structures not otherwise allowed under the Zoning Regulations must be removed from the property and the property restored in conformance with the reclamation plan.

(Prior Code, Ch. 901 § 7.8)

§ 156.19 TERMINATION OF PERMIT.

(A) Any permit granted pursuant to this chapter may be revoked for a violation of any provisions of this chapter or any conditions of the permit.

(Prior Code, Ch. 901 § 10.1)

(B) Revocation shall not occur earlier than 10 city working days from the time written notice of revocation is served upon the permittee or if a hearing is requested, until written notice of the Planning Commission/City Council action has been served on the permittee. Notice to the permittee shall be served personally or by registered or certified mail at the address designed in the permit application. The written notice of revocation shall contain the effective date of the revocation, the facts which support nature of the violation or violations constituting the basis of the revocation, the facts which support the conclusion that a violation or violations have occurred, and a statement that if the permittee desires to appeal, he or she must, within 10 working days, exclusive of the day of service, file a request for a hearing. The hearing request shall be in writing, stating the grounds for appeal and served personally or by registered or certified mail on the Zoning Administrator by midnight of the tenth city working day following service. Following the receipt of a request for hearing, the Zoning Administrator shall set a time and place for the hearing, which hearing shall be conducted in accordance with the procedures set forth in § 159.023.

(Prior Code, Ch. 901 § 10.2)

§ 156.20 INSPECTIONS; VIOLATIONS.

(A) 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 the 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 land.

(Prior Code, Ch. 901 § 9.2)

(B) Whenever necessary to enforce any of the provisions of this chapter or whenever there is reasonable cause to believe that a violation of this chapter has occurred or is about to occur, an authorized agent of the city may enter any building or upon any premises at all reasonable times to inspect the same or to perform any duties imposed by this chapter, provided that if the building or premises be occupied, the authorized agent shall first present proper credentials and demand entry and if the building or premises be unoccupied, shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the city shall have recourse to every remedy provided by law to secure entry, including administrative and judicial search warrants.

(Prior Code, Ch. 901 § 9.3)

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