The following operating standards and requirements shall be observed at the extraction site at all times. Failure to comply with any of the following items constitutes a violation of a mining permit and is cause for termination of the permit:
A. Noise: All equipment used in conjunction with the mining operation shall be constructed, maintained and operated in such a manner as to minimize noise levels at and adjacent to the site. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency (MnPCA) and the Federal Environment Protection Agency. If a violation is suspected or known to exist, the MnPCA will be notified and mining operations terminated.
B. Hours Of Operation: Extraction and hauling operations shall be performed only between the hours of seven o'clock (7:00) A.M. and six o'clock (6:00) P.M. No work shall be performed on Saturdays, Sundays or holidays. Written permission must be obtained from the City for a variance to these conditions. Permission is not required for minor work which may be required to ensure safety at the site.
C. Air And Water Pollution: Operators shall comply with all applicable City, County, State, and Federal regulations for the protection of air and water quality. Minnesota Pollution Control Agency regulations for the protection of air and water quality shall be observed. No waste products shall be deposited into any lake, stream or natural drainage system. All wastewater shall pass through a sedimentation basis before drainage into a stream. Downstream drainageways affected by sedimentation due to the mining operation shall be dredged and restored by the operator. If a violation is suspected or known to exist, the MnPCA will be notified and mining operations terminated. Sedimentation ponds, silt fences and straw bales shall be utilized to control sedimentation from the site. Methods of sedimentation control shall be depicted on the site plan. The narrative shall include calculations or explanations for the method utilized.
D. Topsoil: All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the approved rehabilitation plan. Topsoil which is to be used shall be free of roots, brush, weeds, debris and stones larger than one inch (1") in diameter. Topsoil shall be protected from erosion, degradation and mixing with other on site materials. Topsoil borrow, if required, shall be in accordance with the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications section 3877. Topsoil shall be placed to an in-place depth of four inches (4") over all areas requiring reseeding, resodding or other vegetative restoration.
E. Dust Control: All equipment used in the mining operation shall be maintained and operated in such a manner as to minimize dust conditions which are annoying to adjacent property owners. The access to the site shall be paved, treated or watered in order to minimize dust conditions. The operator shall maintain a water truck or similar equipment which may be utilized for dust control at or near the site for the duration of the mining operation. A reliable source of water shall be obtained prior to mining operations commencing and be maintained during mining operations. Dust prevention and control measures shall be utilized at all times by the operator. If dust becomes a safety concern or a public nuisance, the City may order the operator to commence additional dust prevention measures or temporarily suspend mining operations. Citizen complaints will also serve as cause for the operator to affect additional dust control measures. Continued neglect of dust control by the operator shall be cause for termination of the mining permit. A dust prevention plan shall be outlined in the narrative to the application for permit.
F. Site Appearance: All buildings, structures and plants used for the mining operation shall be maintained in such a manner as to assure that they will not become dilapidated. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed weekly or as necessary to preserve a neat appearance and to prevent seeding on adjoining property. Stockpile of excavated materials shall be in a manner that will cause the least amount of damage to adjacent lawns, grassed areas, gardens, shrubbery or fences. No trees, except those specifically shown on the approved site plan to be removed, shall be removed without the express acceptance of the City Engineer.
G. Off Site Protection And Traffic Control:
1. The operator shall ensure that no objectionable material will be allowed to blow from, wash off or drain off the subject property. If perimeter fencing is utilized, the operator shall ensure that any objectionable materials lodged in the fence are removed daily. The operator shall police the site and surrounding areas at the end of each day's operations.
2. The operator shall take all precautions necessary to ensure that streets and roads utilized for haul routes are not adversely affected by the mining operation. All spilled dirt, gravel or other foreign material caused by mining operations shall be thoroughly cleaned from all off site streets and roads at the conclusion of each day's operations. A more frequent cleaning of the streets may be required by the City Engineer if unsafe conditions are caused by spilled materials.
3. A list of materials and equipment to be utilized for off site cleanup is required to be submitted with the application for permit.
4. If access from the mining operation is onto a public roadway, temporary traffic control shall be provided by the operator. Temporary signage shall conform to the latest edition of the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways as published by the Minnesota Department of Transportation. Temporary signage shall be placed prior to each day's mining operations commencing and be removed upon completion of each day's mining operations. An approved traffic control plan shall be delivered to local, County and State authorities having jurisdiction over the public roadway.
5. If the mining operation changes off site traffic conditions along the proposed haul route, traffic control shall also be provided by the operator.
6. The maximum gross vehicle weight (fully loaded) of all trucks or tractor-trailer rigs to be utilized in conjunction with the mining operation shall be submitted in the narrative portion of the applications. The structural capacities of City roadways and bridges located along the proposed haul route shall not be exceeded.
H. Drainage:
1. On Site Drainage: The operator shall ensure that on site drainage does not adversely affect the quality of surface or subsurface water. Sedimentation shall be controlled by means of ponds, silt fences, or straw bales. If sedimentation ponds are utilized, the perimeter of the pond shall be enclosed with safety fencing. Erosion control measures shall be utilized to prevent deterioration of the site.
2. Off Site Drainage: Off site drainage shall not be allowed to flow across the mining site. A plan for routing off site flows around the proposed site shall be submitted with the application for permit. The plan shall utilize the United States Department of Agriculture, Soil Conservation Service (SCS) Technical Release 55, Urban Hydrology for Small Watersheds (1986) method for determining flow quantities which will originate off site. Historic flow rates (100-year event) shall not be exceeded at the release point of rerouted flows. Upon completion of mining operations, all previously existing drainage ditches, swales and culverts shall be reopened and grade and natural drainage restored.
I. Sanitary Facilities: Sanitary facilities shall be maintained at the site and kept in a sanitary condition at all times. The temporary facility shall conform to Code requirements and be acceptable to sanitary authorities. Upon completion of the mining operation, the sanitary facility shall be removed and the area restored to its original condition.
J. Access: One access will be allowed for ingress and egress to and from the mining site. Additional access roads to the site may be constructed to allow emergency vehicles access to the site. These additional access roads shall not be utilized for the day to day affairs of the mining operation. Provisions shall be made for vehicular turnaround and circulation within the site.
K. Groundwater Table: Mining operations shall not occur below the level of the groundwater table elevation as submitted in the soils report. (Prior Code § 7-7-16)