A. Permit Required: It shall be unlawful for any person, firm or corporation to remove, store or excavate rock, sand, gravel, clay, silt or other like material in the city, or to fill or raise the existing surface grades, in the large scale mineral extraction overlay district established in this section without receiving a permit for large scale mineral extraction. Such permits may only be issued in a zoning district where large scale mineral extraction is listed as an interim use and in the large scale mineral extraction overlay district. Permits for mineral extraction within the small scale mineral extraction overlay district may be issued only under section 11-10-4 of this chapter.
Initial large scale mineral extraction permit applications for a permit under this section shall be submitted with and considered simultaneously with an application for an interim use permit under section 11-10-8 of this chapter. No permit will be required for any of the following:
1. Excavation for a foundation, cellar or basement of a building if a building permit has been issued.
2. Excavation by state, county or city authorities in connection with construction or maintenance of roads, highways or utilities.
3. Curb cuts, utility hookups or street opening for which another permit has been issued by the city.
4. Excavation less than one hundred (100) square feet in area or one foot (1') in depth.
5. Excavation or grading for agricultural purposes.
B. Large Scale Mineral Extraction Overlay District: The large scale mineral extraction overlay district is established. The boundary of the district is CSAH 42 to the north, Akron Avenue to the east, CSAH 46 to the south and Biscayne Avenue to the west.
C. Definitions: For the purposes of this section, the following definitions shall apply:
ASPHALT PLANT: A facility used to manufacture asphalt or other forms of coated road stone, sometimes known as blacktop. This facility allows the combination of a number of aggregates, sand, and filler, in the correct proportions, heated and finally coated with a binder. Increasingly, recycled asphalt or aggregate products (RAP) are used as part of the mix.
BATHYMETRIC OR HYDROGRAPHIC CHARTS: Charts that show lake bottom relief or terrain as contour lines (called depth contours or isobaths) and selected depths (soundings).
BERM: A level space, shelf, or raised barrier separating two (2) areas.
CLEAN FILL: As defined in Dakota County ordinance 110.
CONCRETE: A mixture of paste and aggregates (sand and rock). The paste, composed of cement and water, coats the surface of the fine (sand) and coarse aggregates (rocks) and binds them together into a rocklike mass known as concrete.
CONSTRUCTION AGGREGATES OR AGGREGATE: A broad category of coarse particulate material used in construction, including sand, gravel, crushed stone, slag, and recycled concrete.
CONVEYING (CONVEYOR): A common piece of mechanical handling equipment that moves materials from one location to another.
CRUSHING/CRUSHING PLANT: A machine or plant designed to reduce large rocks into smaller rocks or gravel.
DRY MINING: Mining and excavation that takes place above the ground water table.
EIS: The environmental impact statement as defined by the Minnesota environmental quality board rules.
FLOATING DREDGE (DREDGING): An activity of mining that is carried out underwater with a machine equipped to excavate material from underwater and bring it to shore where they can be processed into construction grade aggregates.
HAUL ROAD: An internal private road used to transport material.
HAUL ROUTE: An external public road used to transport material.
MINERAL EXTRACTION: Extraction of inorganic materials such as ore, gravel or sand.
MINING BUFFER/SETBACK: The distance a structure or activity must be from the edge of an EIS boundary line.
PORTABLE PROCESSING EQUIPMENT: Equipment designed on a skid or axle assembly that can move from point to point allowing for shorter travel times and reduced emissions.
PRECAST/CAST CONCRETE PRODUCTS: Products such as bridge beams or plank, concrete pipe or culverts that are cast at a facility and later transported to a specific construction site after a proper curing time has been achieved.
READY MIXED CONCRETE PLANT: A facility that manufactures specifically designed concrete for delivery to a customer's construction site in a freshly mixed or plastic unhardened state.
RECLAMATION/END USE: The process of creating useful landscapes that meet a variety of goals. It includes all aspects of this work, including material placement, stabilizing, capping, regrading, and placing cover soils, revegetation, and maintenance.
RECYCLED ASPHALT AND/OR AGGREGATE PRODUCTS (RAP): Left over or demolished concrete or asphalt products. These products are recycled (reproduced) and reused in production of new products or road base products used on construction sites.
SCREENING/SCREENING PLANT: A machine that takes granulated material and separates it into multiple grades by particle size.
STAGING: Setting up of equipment or a truck fleet in preparation for a day's activity.
STOCKPILE: A pile or storage location for bulk materials, forming part of the bulk material handling process. Stockpiles are normally created by a stacking conveyor.
STRIPPING: Removing topsoil (black dirt), clay, timber, brush and waste aggregate products from the top of the mining deposit to expose the quality sand and gravel needed in the production of high quality construction aggregates.
TON OF MATERIAL: A U.S. short ton (2,000 pounds) of material.
TOPSOIL: The upper outermost layer of soil, usually in the top two (2) to eight inches (8"). It has the highest concentration of organic matter and is where most of the earth's biological soil activity occurs.
TRUCK SCALE: A platform device that a truck will drive onto for weighing to ensure that the truck is of legal weight and/or dimension.
WASHING/WASH PLANT: A machine into which sand and gravel is conveyed, separated by size, washed, dewatered, and then sent to stockpiles for load out.
WET MINING: Mining and excavation area that will take place below the ground water table.
D. Review Process:
1. Public Hearing: A public hearing will be conducted for consideration of permit applications. The public hearing, public notice and procedure requirements for the permits shall be the same as those for amendments as provided in section 11-10-11 of this chapter.
2. Criteria For Permit Approval: The following factors will be evaluated when determining whether to approve a large scale mineral extraction operation. The approval or denial of a permit shall include, but not be limited to, findings on the following factors:
a. Consistency With City Plans And Policies: The proposed large scale mineral extraction permit is consistent with the comprehensive guide plan and the location is suitable in that the excavation, mining, processing, stockpiling or hauling of sand and gravel deposits will not tend to create a nuisance or unreasonably adverse land use impacts or exceed local, state or federal safety and environmental standards on the adjacent properties. The applicant for a permit, at the applicant's sole cost, shall provide information to help determine the suitability, including, but not limited to, a completed zoning amendment application; exhibits illustrating adjacent and on site buildings and land uses; existing elevations and percent of slope within and three hundred feet (300') beyond the perimeter of the EIS boundary; and an environmental impact statement.
b. Environmental Impacts: An environmental impact statement (as defined by Minnesota environmental quality board rules) shall be completed for each large scale gravel mining project proposed. The proposed project shall be so designed and operated as to minimize adverse impacts identified in the environmental impact statement. The environmental impact statement shall be considered by the city council prior to any final action on a large scale mineral extraction permit request. The application for a large scale mineral extraction permit shall not be considered complete until the time as final comment has been received on the adequacy of the environmental impact statement.
c. Large Scale Mineral Extraction Overlay District: The boundaries of the proposed large scale mineral extraction operation shall be completely within the large scale mineral extraction overlay district.
E. Application Requirements: The application for a large scale mineral extraction permit shall include the following:
1. The correct legal description of the land upon which excavation is proposed.
2. The name and address of the applicant, the owner of the land and the person or corporation conducting the actual removal operation.
3. The names and addresses of all adjacent landowners within one- fourth (1/4) mile.
4. The purpose of the proposed excavation.
5. The estimated time required to complete the proposed excavation and rehabilitation.
6. The names of the highways, streets or other public roadways within the city upon which the material shall be transported.
7. A map of the proposed pit or excavation area to a scale of one inch equals two hundred feet (1" = 200') showing the presently excavated area, the area proposed to be excavated during the permit period, and the minimum and maximum elevations of the area, and showing a minimum of three hundred feet (300') of the adjacent land on all sides of the proposed excavation area.
8. A rehabilitation, reclamation, and restoration plan providing for the orderly and continuing rehabilitation of all excavated land. Such plan shall illustrate, using appropriate photographs, maps, and surveys drawn to a scale of one inch equals two hundred feet (1" = 200') and with a five foot (5') contour interval satisfactory to the engineer, the following:
a. Removal Of Planned Contours: The removal of planned contours of the land when the mineral removal operations are completed.
b. Timetable: The estimated period of time that the pit will be operated and a schedule setting forth the timetable for excavation and rehabilitation of land lying within the active, inactive and restoration areas.
c. Storage: Those areas of the site used for storage of topsoil and overburden.
d. Depth; Slope; Revegetation: The depth of all water bodies, the slopes of all slopes after rehabilitation and a description of the type and quantity of plantings where revegetation is to be established.
e. Contour Extension: The five foot (5') contours shall extend at least two hundred feet (200') beyond the boundary of the operation or beyond the adjoining right of way, whichever is more inclusive.
f. Ancillary And Accessory Uses: Ancillary and accessory use rehabilitation, reclamation, and restoration plan.
g. Maximum Slope: The maximum slope of the reclamation area that is developable shall be at no steeper than five feet (5') horizontal to one foot (1') vertical. The maximum slope of the reclamation area that is undevelopable, such as the area between a water body and a right of way line shall be no steeper than two feet (2') horizontal to one foot (1') vertical. Any slope greater than three feet (3') horizontal to one foot (1') vertical shall be designed by a licensed engineer and approved by the city engineer.
h. Adjacent To Water Bodies: For manmade groundwater lakes, the bottom contour shall be gradually sloping from the shoreline to the deepest portion of the water body at a maximum slope of ten feet (10') horizontal to one foot (1') vertical from at least fifty feet (50') upland from the proposed shoreline to at least ten feet (10') from the proposed shoreline toward the center of the water body. Beyond ten feet (10') in horizontal distance, the slope of the bottom contours may be no steeper than two to one (2:1).
9. When mining is proposed within the groundwater or within twenty (20) vertical feet of a historic groundwater measurement elevation, then a hydrogeological study shall be submitted. The study will include tests of soils and groundwater to determine the presence of contaminants on the site that will, or could be, released to the groundwater or the environment by mining or related activities. All contaminants of concern identified in the EIS and any other contaminants identified by the city council will be studied unless the applicant demonstrates to the satisfaction of the city council that such study is not warranted. The hydrogeological study shall include the following:
a. Description of each groundwater excavation (size, shape and location).
b. Description of the location and construction information of all wells within three hundred feet (300') of the EIS boundary.
c. Description of the proposed fill activity (grain size distribution, quantity, and placement procedures).
d. Description of the aquifer characteristics in the area of each groundwater excavation to be affected by proposed fill activity (aquifer thickness and general geological setting).
e. Description of the impacts of the proposed fill activity on groundwater flow regimes.
f. Description of a groundwater monitoring plan including evidence, to the city council's satisfaction, that the proposed monitoring will provide timely and effective notice of changes to the hydrology, the presence of contaminants of concern that were not previously identified, or the release, movement, or the threatened release of contaminants.
g. Identify and describe all measures that will be taken to avoid potential impacts on the groundwater from mining or related activities including, but not limited to, testing, monitoring, containment, and mitigation.
h. Identify the depth to Prairie Du Chien aquifer and determine the appropriate separation between the mining activity and the aquifer.
i. Such other information as the city may from time to time require.
10. Location of any and all existing wells and the size and depth thereof.
11. Surface water protection plan including a contingency response plan and employee training to facilitate immediate and remedial response should any accident, release of contaminant, or other spill occur.
12. Such other information as the city may from time to time require, including, but not limited to, the location or anticipated location of all stockpiles of aggregate based construction debris material on the land for which the permit is desired.
F. Accessory Uses: Within a large scale mineral extraction operation, the following uses are customarily incidental to its operation and do not require a separate permit or approval. These accessory uses must meet the same performance standards as the large scale mineral extraction operation.
Gravel crushing.
Gravel washing.
Minor vehicle and mining equipment maintenance.
Offices associated with the mining operation and ancillary uses.
Stockpiling.
Storage of machinery used daily in the extraction area.
Truck washing.
G. Ancillary Uses: There are a number of uses and production facilities that either use significant quantities of aggregate resources or benefit from close proximity to large scale mineral extraction operation but also generate issues, nuisances and adverse land use impacts beyond the scope of the operation itself. The following regulations apply to these ancillary uses to a large scale mineral extraction operation:
1. Separate Interim Use Permit Required: To address the issues, nuisances and adverse land use impacts generated by ancillary uses, a separate interim use permit as provided in section 11-10-8 of this chapter shall be applied for and approved for each ancillary use. The listing of a use in subsection G3 of this section does not mean that the use will be approved within the large scale mineral extraction operation or that the use will be allowed during the entire duration of the operation. The decision whether to grant, grant with conditions, or deny an application for such an ancillary use is within the discretion of the city council.
2. Association With Mining Activity: An ancillary use may be allowed provided that any of the following conditions are met:
a. On a site that has an approved large scale mineral extraction permit in compliance with this section.
b. In conjunction with large scale mineral extraction occurring within the approved EIS boundary, provided the adjoining municipality has approved the large scale mineral extraction and provided the ancillary use facility was originally an interim use permit in conjunction with large scale mineral extraction in the city of Rosemount.
3. Ancillary Uses Considered: The following is a list of ancillary uses that may be considered in association with a large scale mineral extraction operation and the issues and performance standards that shall be addressed within the interim use permit:
Aggregate processing and recycled aggregate products production. The conveying, crushing, mixing, screening, and washing of aggregate and recycling concrete and asphalt may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. In addition, the following performance standards shall apply:
a. Location: The plant shall be located in such a way as to minimize its visibility from an adjacent residential use or a public right of way. This may be accomplished through topography, landscaping, existing vegetation, berming or setback.
b. Material Stockpiles: Stockpiles associated with these uses shall be limited to a height of sixty feet (60').
c. Hours Of Operation: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday unless special permission is granted by the city council within the interim use permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the adverse impacts caused by the extra hours.
d. Ratio Of Aggregate Processing To Recycled Aggregate Products Production: To maximize the use of mined aggregate material and minimize importing of recycled material transported from outside the associated gravel mine, a ratio of aggregate processing to recycled aggregate product processing shall be established within the interim use permit. The ratio shall have a minimum of seventy percent (70%) aggregate processing and a maximum of thirty percent (30%) recycled aggregate product processing. The ratio shall be based on tonnage sales and the actual tonnage sales shall be reported to the city on an annual basis. The city council may limit the area in the aggregate process facility in which the recycled aggregate products may be stored.
Asphalt production. A plant for the production of asphalt may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. In addition, the following performance standards shall apply:
a. Location: The asphalt plant and all equipment associated with it shall be located a minimum of six hundred sixty feet (660') from any nonagricultural zoned land.
b. Setback And Buffering: The plant and all equipment and materials associated with it shall be set back a minimum of seventy five feet (75') from any EIS boundary line and screened by natural features including berming or vegetation. Year round one hundred percent (100%) opaque screening with earthen berms and landscaping shall be required from ground level to the first thirty percent (30%) of the overall height and fifty percent (50%) opaque to fifty percent (50%) of the overall height of the plant as viewed from eye level from surrounding rights of way or roadways.
c. Haul Routes: Traffic generated by this use shall utilize haul routes approved by the city and other agencies as required. The plant owner shall be responsible for road improvements and easements needed for ingress and egress subject to approval by the city. The haul routes may require Dakota County highway department or the Minnesota department of transportation approval as well.
d. Access: Traffic generated by this use shall enter onto streets consistent with city access and design standards. The owner of these uses shall be responsible for all costs associated with road improvements required to serve the use.
e. Material Stockpiles: Stockpiles associated with these uses shall be limited to a height of sixty feet (60').
f. Outdoor Storage: There shall be no outdoor storage of finished material or products. All equipment and raw material associated with the asphalt plant must be screened from view from an adjacent residential use or public right of way in conformance with section 11-2-9, "Outdoor Storage", of this title.
g. Air Emissions: Asphalt operations shall comply with Minnesota rules, part 7011 for testing, monitoring and operational requirements.
h. Waste Byproducts: This use shall operate so as not to discharge onto the soils within the EIS boundary, across the boundaries of the EIS boundary line or through percolation into the subsoil within the EIS boundary or beyond the EIS boundary line where such use is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort or welfare; or, cause injury or damage to property or business.
i. Odors: This use shall operate so as to prevent the emission of odorous matter of such quality as to be detectable beyond EIS boundary line.
j. Surety Bond: This use shall comply with the applicable operating, special requirements and bonding for restoration standards for mineral extraction specified in subsection K7 of this section.
k. Hours Of Operation: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday unless special permission is granted by the city council within the interim use permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the adverse impacts caused by the extra hours.
Casting yard. A facility for the manufacturing of precast concrete products may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. The casting of the concrete products shall occur within a building while the curing of the products may occur outdoors. The city council may approve the outdoor casting of oversized concrete products provided that the oversized products are to be used in a construction project that the operator has been awarded and the outdoor oversized product casting ceases when the construction project is finished. The construction and design of a casting yard that will exist longer than ten (10) years shall comply with site, lot, and building standards within subsections 11-4-16F and G of this title.
Concrete production. A plant for the production of concrete may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. In addition, the following performance standards shall apply:
a. Location: The plant shall be located in such a way as to minimize its visibility from an adjacent residential use or a public right of way. This may be accomplished through topography, landscaping, existing vegetation, berming or setback. The minimum setback from any EIS boundary line shall be twice the height of the plant or applicable setback under this code, whichever is greater.
b. Multiple Ready Mix Concrete Plants: If a facility is to have multiple concrete plants, each concrete plant shall have its own separate interim use permit. The primary ready mix concrete plant shall have the equipment, except for silos and the conveyors that transport materials into the building, enclosed within a building. One or more secondary concrete plants may be permitted if an active interim use permit for the primary concrete plant has been approved that includes a requirement that the primary concrete plant building be completed within eighteen (18) months of approval.
c. Plant Height: The maximum height of any concrete plant shall be one hundred five feet (105').
d. Material Stockpiles: Stockpiles associated with these uses shall be limited to a height of sixty feet (60').
e. Outdoor Storage: There shall be no outdoor storage of finished material or products. All equipment and raw material associated with the cement or concrete plant must be screened from view from an adjacent residential use or public right of way in conformance with section 11-2-9, "Outdoor Storage", of this title.
f. Hours Of Operation: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday unless special permission is granted by the city council within the interim use permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the additional adverse impacts resulting from the extra hours.
g. Haul Routes: Traffic generated by this use shall utilize haul routes approved by the city and other agencies as required. The plant owner shall be responsible for road improvements and easements needed for ingress and egress subject to approval by the city. The haul routes may require Dakota County highway department or the Minnesota department of transportation approval as well.
Maintenance Facility. A facility for the repair of trucks, other vehicles and equipment used in a mineral extraction operation may be allowed on a site that has an approved large scale mineral extraction permit in compliance with this section. The construction and design of the maintenance facility shall comply with site, lot, and building standards within subsections 11-4-16F and G of this title.
H. Performance Standards:
1. Boundary: Extraction operations shall be conducted within the confines of the excavation site described in the permit.
2. Access: Extraction operations shall only be allowed on sites that have direct access to a principal arterial, minor arterial, or collector street as designated in the city of Rosemount comprehensive guide plan. A local street may be used if approved by the city council.
3. Setbacks: Setback boundaries shall be as follows. Where setbacks are measured from zoning district boundaries that occur along a public street right of way, the zoning district boundary is assumed to be the centerline of that public right of way.
a. Residential zoning district: Three hundred fifty feet (350').
b. Industrial, commercial or institutional zoning district: One hundred fifty feet (150').
c. Agricultural zoning district: Thirty feet (30').
d. Inhabited residence not in a residential zoning district: Two hundred feet (200').
e. Rights of way or streets: Seventy five feet (75').
f. Preexisting water bodies: One hundred fifty feet (150').
4. Height:
a. The height of all equipment, stockpiles, and all other operations, except those described in subsections H4b and H4c of this section, within the permitted mineral extraction operation shall not exceed sixty feet (60'). This standard does not apply to the ancillary facilities covered by a separate interim use permit.
b. The city council may approve a limited number of stationary conveyors to a height no taller than sixty five feet (65') provided that all practical means of screening and setbacks are employed into the conveyors construction and installation.
c. The floating dredge shall not exceed seventy five feet (75') in height.
5. Appearance, Screening, And Berming: The mining shall be screened from any public right of way or urban development through a combination of existing stands of trees, berming and installed landscaping.
a. Existing Tree Stands: The preferred method of screening the mining operation is the maintaining existing stands of trees that would provide a level of at least ninety percent (90%) opacity. If the stand of trees does not provide ninety percent (90%) opacity, then additional landscaping or berming shall be installed to provide ninety percent (90%) opacity. An annual opacity audit of the tree stands shall be conducted and dead vegetation shall be removed and additional landscaping or berming shall be installed to maintain ninety percent (90%) opacity. The methodology for the opacity measure shall be taken during full leaf growth from the shoulder of any public road or neighboring property to determine opacity in a band five feet (5') to seven feet (7') off the ground.
b. Berms: Berms shall be constructed in areas where the existing tree stands do not exist. The berms shall be at least ten feet (10') in height measured from the toe of the berm or from the fog line of the existing public road, whichever results in the greatest height of the berm.
6. Hours Of Operations:
a. Mining: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday. The community development director may authorize Sunday operation from eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. on no more than five (5) Sundays annually provided the operator notifies the community development director no less than seventy two (72) hours before a Sunday operation. The city council may grant special permission for extra hours of operation within the annual extraction permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the additional adverse impacts caused by the extra hours of operation.
b. Crushing And Washing: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday. The city council may grant special permission for extra hours of operation within the annual extraction permit. The extra hours of operation may be conditioned on more restrictive performance standards to address the adverse impacts caused by the extra hours of operation.
c. Truck Hauling: The hours of operation shall be limited to seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. Monday through Saturday. The community development director may authorize Sunday operation from eight o'clock (8:00) A.M. to five o'clock (5:00) P.M. on no more than five (5) Sundays annually provided the operator notifies the community development director no less than seventy two (72) hours before a Sunday operation. The city council may grant special permission for extra hours of operation within the annual extraction permit. The extra hours of operation may be conditioned on more restrictive performance standards, including, but not limited to, the truck haul routes, to address the adverse impacts caused by the extra hours of operation.
d. Staging Activities: Staging activities will be permitted one- half (1/2) hour before normal hours and one-half (1/2) hour after normal hours. Staging activities include lining up and loading of trucks, equipment inspections, fueling, and other similar related actions. Trucks may enter the site within one-half (1/2) hour before the normal hours; however, no gravel trucks may leave the site until normal hours of operation. After the P.M. normal hours of operation and within one-half (1/2) hour past the P.M. normal hours of operation, site cleanup and equipment maintenance is permitted as well.
7. Slopes:
a. Mining: During the entire period of operations, all excavations other than the working face shall be sloped on all sides no steeper than one foot (1') horizontal to one foot (1') vertical, unless a steeper slope is approved by the city engineer.
b. Berming: The public view or right of way face of the perimeter berms shall be sloped no steeper than four feet (4') horizontal to one foot (1') vertical. The extraction side of the perimeter berm shall be sloped no steeper than three feet (3') horizontal to one foot (1') vertical.
8. Noise: Maximum noise level at the perimeter of the EIS boundary shall comply with the limits or standards established by the Minnesota pollution control agency and the United States environmental protection agency.
9. Paved Access Road: All access roads from a large scale mineral extraction operation to any public roadway shall be paved with asphalt or concrete for a distance of at least one hundred fifty feet (150'), measured from the mining side of the public right of way, to minimize dust conditions. During the annual operating permit review, the city council may require additional paving length if dust and mud tracking are identified as a problem by the city. All unpaved roads within the mining operation shall be treated with a dust retardant on a regular basis as stipulated in the annual operating permit.
10. Dust Control: Operators shall use all practical means to reduce the amount of fugitive dust generated by excavation operations. In any event, the amount of dust or other particulate matter generated by the excavation shall not exceed air pollution standards established by the Minnesota pollution control agency. On days with wind advisory, as defined by the national oceanic and atmospheric administration's national weather service, the community development director may require during the time of wind advisory that the dry mining operation cease operations to eliminate additional dust generation.
11. Explosives: The use of explosives in the large scale mineral extraction operation is prohibited.
12. Surface Water Pollution: The permittee shall prepare a surface water protection plan to ensure that surface water quality is not impacted by the mining operation, accidents or spills within the EIS boundary. The mining plans shall comply with the city's surface water management plan. Excavation operators shall comply with all applicable Minnesota pollution control agency and department of natural resources regulations and all applicable United States environmental protection agency regulations for the protection of water quality. No waste products or processed residue, including untreated wash water, shall be deposited in any public waters of the state of Minnesota.
13. Groundwater: The excavation operators shall prepare a groundwater monitoring plan to ensure that groundwater flow, level, or quality is not impacted. The groundwater monitoring plan shall comply with city and Minnesota department of health regulations. The groundwater monitoring plan may include the surface water monitoring of any created water body that is fed by groundwater including the monitoring of any water bodies or channelized waterways tributary to the created water body.
14. Wastewater: On site sewage treatment systems shall conform with title 9, chapter 6 of this code, Dakota County ordinance 113, and all applicable state and federal regulations.
15. Topsoil: All topsoil located within the EIS boundary before the mineral extraction operation begins, except the topsoil located over areas that are planned to be reclaimed as open water, shall remain within boundaries of the operation. Additional topsoil may be retained to ensure that a minimum of six inches (6") of topsoil is placed on all areas reclaimed and restored as dry ground.
16. Landscaping:
a. Existing tree and ground cover shall be preserved to the maximum extent feasible, maintained or supplemented by selective cutting, transplanting and replanting of trees, shrubs and other ground cover along all setback areas.
b. The public view and right of way side of berms that are planned to exist longer than fifteen (15) years shall be landscaped with a density of one tree per six hundred twenty five (625) square feet. A minimum of sixty six percent (66%) of the trees shall be conifers.
c. The city council may consider staggering the timing of the installation of the landscaping if more berming is constructed than is required to screen the phase of mining permitted with the annual operating permit.
d. Berms that are planned to exist less than fifteen (15) years shall be landscaped with a standard MNDOT ROW mix.
e. All areas reclaimed shall be seeded with a city approved seed mix within fourteen (14) days of final grade being established. Additional seeding shall be applied as needed until the vegetation has been established.
f. The city may require cover over areas that have remained undisturbed for more than twelve (12) months if it is determined that these areas generate airborne dust particles.
17. Maintenance Of Mining Vehicles:
a. All machinery shall be kept operational.
b. Abandoned machinery and rubbish shall be promptly removed from the excavation site.
c. All machinery shall be periodically inspected, repaired, and painted as needed to prevent rusting or other deterioration of the machinery.
18. Lighting: Any lighting shall be shielded to prevent lights from being directed at traffic on a public road in such brilliance that it impairs the vision of the driver and may not interfere with or obscure traffic signs or signals. The level of lighting shall not exceed 1.0 lumen at the EIS boundary line.
19. Compliance With Other Governmental Regulations: The large scale mineral extraction operation shall comply with all applicable federal, state, and county laws and regulations, including Dakota County ordinances 110 and 111.
20. Compliance With The EIS: The city shall determine permit conditions and requirements that address issues and potential impacts that include, but are not limited to, those described in the EIS. The city council may require additional studies or information on any issues that the council determines were not adequately addressed in the EIS because the EIS does not contain sufficient detail for permitting purposes, because the proposed means of mitigation have changed, because new mitigation techniques are available, because new information has been discovered, or for any other reason.
21. Council Waiver: The city council, at the time of issuance of the annual extraction permit, may waive or modify any of the provisions in this section or impose additional requirements if it finds that the plan of operation or other materials submitted with the application or other factors make appropriate more suitable measures for standards consistent with the public health, safety and welfare.
I. Special Requirements:
1. Reimbursement Of City Costs: The permittee shall reimburse the city for the cost of periodic inspections for the purpose of determining that the provisions of the extraction permit and this section are being followed. The city may retain consultants at the applicant's expense to evaluate the application requirements, monitoring and testing results.
2. Haul Routes: The applicant shall submit to the city a detailed map of the streets on which the material removed shall be transported (haul routes). The city shall inspect the haul routes proposed to be used by the applicant or owner and shall recommend to the city council necessary upgrading or repairing of the haul routes prior to their use by the applicant or owner. The city council shall designate the haul routes and may consider the recommendations of the responsible city officials in the extraction permit issued to the applicant. It shall be the responsibility of the applicant or owner to maintain the haul routes in accordance with the provisions set forth in the permit. The city shall periodically inspect haul routes to ensure compliance with the permit. During the period of, or upon completion of, the excavation operations, the applicant or owner shall make any necessary repairs to the haul routes as recommended by the city. All costs of inspection provided for in this subsection shall be borne by the applicant or owner. The use of the haul routes shall be subject to any road and weight restrictions imposed by the city. The operator shall be responsible for reimbursing the city for any additional maintenance costs incurred for public roads as a result of the mining operation.
3. Gravel Production And Phasing:
a. A phasing plan shall be prepared.
b. No mineral extraction permit shall authorize extraction operations to be conducted in more than two (2) noncontiguous eighty (80) acre areas of an extraction operation concurrently.
c. No mineral extraction permit shall authorize extraction to be conducted on more than one hundred sixty (160) acres at one time.
4. Other Requirements As Determined By The Council: The permittee shall comply with such other requirements as the city council shall from time to time deem proper and necessary for the protection of its citizens and the general welfare.
J. Reclamation, Restoration, And Rehabilitation:
1. Phased Operation: To ensure that the mine is reclaimed in a timely and orderly manner, the mining operation shall be divided into phases of no more than eighty (80) acres per phase.
2. Significant Transportation Corridors: The reclamation plan shall show all future collector and arterial roadways. To provide for the roadway and utility construction of these future roadways, a reasonable reclamation grade as determined by the city shall be established within the entire designated right of way width for the appropriate roadway classification. Within twenty four (24) months of receipt of written notice from the city that the collector or arterial right of way is needed for either roadway and/or utility construction, the permittee will complete mining within that right of way and reclaim the right of way to the grades approved within the interim reclamation plan.
3. Trunk Utility Services: Within twenty four (24) months of receipt of written notice from the city that public trunk utility services are needed to be constructed within the mining operation, the permittee shall provide an easement for the utility construction, complete the mining within the easement, and reclaim the easement to the grades approved within the interim reclamation plan.
4. Water Bodies And Drainage Plan: The city has an adopted surface water management plan which plans for the conveyance of surface water across the city. The mining operation shall allow for the conveyance of surface water within the approved mining areas as called for within the surface water management plan.
5. Interim Reclamation Plan: The permittee shall provide an interim reclamation plan which provides reclamation grades for all eighty (80) acre phases that would allow for agricultural use immediately following reclamation.
6. End Use Grading Plan: The comprehensive plan anticipates that the ultimate use for the entirety of the city is urban development. To accommodate this ultimate use and allow for orderly development, the permittee shall provide an end use grading plan that can reasonably accommodate urban development. For mining operations that are expected to require more than twenty (20) years to complete, the city council may approve an end use grading plan for the area that is expected to be completed within twenty (20) years. The city council shall not approve an annual operating permit for an area without an approved end use grading plan.
7. Removal Of Buildings, Structures, And Vehicles: Within eighteen (18) months of the reclamation of each phase, all buildings, structures and plants incidental to that phase of operation shall be dismantled and removed by and at the expense of the sand and gravel producer last operating the building, structure or plant, or the owner of the property, unless the structure or use is compatible with the anticipated ultimate use of the property. All buildings, structures or plants not removed as required by this section may be removed by the city with the costs for the removal charged to the permittee or the owner of the property.
8. Haul Back Materials And Operations: The city council may permit the depositing of clean and compactable inorganic fill that is able to support urban development to achieve the reclamation grades. The permittee shall submit a haul back management plan that includes the types of fill that shall be deposited, where the fill comes from, and what testing of the fill shall occur. The testing result for the material proposed to be used as fill shall be submitted to and approved by city staff before the fill material is transferred within the EIS boundary. All fill deposited within the mining operation must be able to support urban residential development.
9. Duration Of Mining And/Or Ancillary Uses: To provide for the orderly development of the city, the city council shall determine the duration of the mining or ancillary use within the interim use permit.
K. Annual Operating Permit:
1. Purpose Of The Annual Operating Permit: A large scale mineral extraction operation may extend for years or decades to complete. The purpose of the annual operating permit is to provide an opportunity for the city council to review the operation of the mine, gather public comment on the operation, modify any permit conditions as necessary to address adverse impacts that arise from the operation, and revise the phases and/or subphases of the mine. The large scale mineral extraction interim use permit provides a zoning basis for the mine provided the city issues an annual operating permit.
2. Application, Public Hearing, Notice And Procedure: The application, public hearing, public notice and procedure requirements for annual operating permit shall be the same as those for amendments as provided in section 11-10-11 of this chapter, except that the permit may be issued only on the affirmative vote of a majority of the entire city council.
3. Area Without An End Use Grading Plan: The city council shall not issue an annual operating permit for an area without an approved end use grading plan that accommodates urban development.
4. Duration Of Operating Permit: The large scale mineral extraction permit shall run from January 1 through December 31 of the same year or for a lesser period of time as the city council may specify at the time of issuance of the extraction permit. If the extraction permit is to run for less than a full year, the fee shall be prorated as determined by the city council.
5. Operating Permit Fee: The fee for large scale mineral extraction permit shall be as established from time to time by resolution of the city council.
6. Inspections: The city may inspect all mineral extraction sites where a large scale mineral extraction permit has been issued. The operator or owner of any large scale mineral extraction operation found in violation of the requirements of this title or its extraction permit shall remedy such violations within the time specified by written notice from the city.
7. Financial Surety: The city council shall require the applicant or owner of the premises on which the excavation operation is located to post a surety with a surety acceptable to the city, cash escrow, performance bond or letter of credit ("security") in an amount and source determined by the city council, in favor of the city, conditioned to pay the city the costs and expense of repairing any streets where such repair work is made necessary by the special burden resulting from hauling and travel, and removing material from any pit or excavation, and conducting required rehabilitation and conditioned further to comply with all the requirements of this section and the particular extraction permit, and to pay any expense the city may incur by reason of doing anything required to be done by any applicant to whom a permit is issued. The security shall remain in full force and effect for a minimum period of one year after expiration of the extraction permit to guarantee the required rehabilitation as well as the other requirements herein provided. The surety bond will be based on the number of acres requested within the annual renewal extraction permit, the amount of acres that have not been reclaimed to the end use grading plan elevations, and an amount that can be immediately withdrawn for the special burden of street repair or to replace insufficient landscaping. Surety for unfulfilled rehabilitation measures will be determined and a security will be required as long as the rehabilitation measures are not completed.
8. Insurance: The permittee shall maintain general liability insurance and provide the city annually a certificate of general liability insurance issued by insurers duly licensed within the state of Minnesota. The city council shall determine the appropriate amount of liability insurance during the annual permit renewal.
L. Enforcement:
1. Notice Of Violation: Whenever the city finds that the permittee has violated a prohibition or failed to meet a requirement of this section, the authorized enforcement agency may order compliance by written notice of violation to the permittee. Such notice may require, without limitation:
a. The performance of monitoring, analysis, and reporting;
b. That violating practices or operations shall cease and desist;
c. The abatement or remediation of contamination or hazards and the restoration of any affected property;
d. The notice shall state that the determination of violation may be appealed to the city administrator by filing with the city clerk a written notice of appeal within seven (7) calendar days of service of the notice of violation.
2. Appeal Of Notice Of Violation: Upon receiving a notice of violation, the permittee may appeal the determination of the authorized enforcement agency. The notice of appeal must be received by the city clerk within seven (7) calendar days from the date of the notice of violation. Hearing on the appeal before the city administrator or the city administrator's designee shall take place within seven (7) calendar days from the date of receipt of the notice of appeal. The decision of the city administrator or city administrator's designee shall be final.
3. Enforcement Measures After Appeal: If the violation had not been corrected pursuant to the requirements set forth in the notice of violation, or, in the event of an appeal, within fifteen (15) days of the decision of the municipal authority upholding the decision of the authorized enforcement agency, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
4. Cost Of Abatement Of The Violation: Within thirty (30) days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority, the enforcement agency may levy the charges as a special assessment against the property, which assessments shall constitute a lien on the property for the amount of the assessment. The permittee violating any of the provisions of this section shall become liable to the city by reason of such violation.
5. Legal Action: It shall be unlawful for the permittee to violate any provision or fail to comply with any of the requirements of this section. If the permittee has violated and continues to violate the provisions of this section, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the permittee from activities which would create further violations or compelling the permittee to perform abatement or remediation of the violation, or seek any other available remedy in law or equity.
6. Compensatory Action: In lieu of enforcement proceedings, penalties, and remedies authorized by this section, the authorized enforcement agency and violator may agree on alternative compensatory actions.
7. Nuisance: In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this section is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
8. Criminal Prosecution: The permittee that has violated or continues to violate this section shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty in accordance with section 1-4-1 of this code. The authorized enforcement agency may recover all attorney fees, court costs, and other expenses associated with enforcement of this section, including sampling and monitoring expenses.
9. Suspension Or Revocation Of Permit:
a. The city council may suspend or revoke a permit issued under this section upon a finding of a violation of any of the provisions of this section or violation of any condition of the annual operating permit.
b. A revocation or suspension by the city council shall be preceded by written notice to the permittee and a public hearing. The written notice shall give at least eight (8) days' notice of the time and place of the hearing and shall state the nature of the charges against the permittee. The notice may be served upon the permittee personally or by United States mail addressed to the most recent address in license application. (Ord. B-223, 5-15-2012)