§ 160.342  PRINCIPAL USES.
   The following uses shall be a principal use when a building or premises is the primary or predominant use of any lot. Conditional uses. A building or premises may be used for the following purposes as a WM3 form if the conditional use permit for such use has been obtained in conformance with the below standards and requirements of §§ 160.605 et seq. (Conditional Use):
   (a)   Sanitary landfill, water plant, and wastewater plant.
      (1)   Locate in areas where traffic to and from site is not on residential streets.
      (2)   When within 150 feet of a residential area a site management plan for litter, odor, and noise control is required.
   (b)   Quarry, mining, and mineral exploration.
      (1)   Locate in areas where traffic to and from site is not on residential streets.
      (2)   When within 150 feet of a residential area a site management plan for litter, odor, and noise control is required.
      (3)   The applicant shall provide:
         A.   A description of the mineral or minerals that are the subject of the exploration.
         B.   Maps showing the general area within which the exploration operation will be conducted.
         C.   A detailed description of the regional environmental conditions, to include surface land use and vegetation, as well as a detailed description of the area's geologic formations and hydrology from the best available scientific sources.
         D.   Maps indicating the location of the drill sites to the nearest section of land, a technical description of the exploration process, the types of equipment to be used, and the estimated timetable for each phase of work and for final completion of the program.
         E.   A description of the major environmental impacts upon air quality, water quality and quantity, and land use modification presented by the proposed exploration.
         F.   A description of the proposed plan to address the identified environmental impacts, to include all measures to be taken to prevent soil erosion, water contamination, air contamination, disruption of the area's ecological balance, and any other related hazard to public health and safety.
         G.   A plan for reclamation of the land to its original condition after exploration is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources and the proposed future use of the lands explored and adjacent lands. The reclamation plans shall include:
            1.   Reclamation schedule.
            2.   Methods of plugging drill holes.
            3.   Methods of severing and returning topsoil and subsoil.
            4.   Methods of grading, backfilling, and contouring of exploration sites and access roads.
            5.   Methods of waste management and disposal, including liquid and solid wastes.
            6.   Method of revegetation.
         H.   A surety performance bond in an amount to be determined by the city council to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of the affected ground and surface waters. The amount shall be set by the city council based on an estimate of the cost of reclamation and decontamination. The bond shall be released five years after exploration has ceased unless the city council finds, for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the surety bond may be reduced by the city council, if a bond is held by the state of South Dakota for the same purpose, by the same amount of the latter bond.
      (4)   The applicant shall identify specific phases when monitoring; and inspection of the exploration activities shall be conducted by city, county, state, federal, or independent personnel to assure compliance with all applicable rules and regulations. If a conditional use permit is granted, the permit shall identify such inspection agency; and it shall be the responsibility of the applicant to notify said agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the city council.
      (5)   A conditional use permit shall be issued only after all of the conditions specified herein have been met. Evidence of violation of the regulations including, but not limited to, air and water contamination shall be cause for an immediate cessation of exploration activities.
      (6)   Mineral extraction and/or mining may be approved by conditional use only as long as the following minimum requirements are met:
         A.   The applicant shall provide:
            1.   A description of the mineral or minerals to be mined or milled.
            2.   Maps showing the area within which the mining or milling operations will be conducted.
            3.   A description of the surface land use and vegetation, as well as a description of the nature and depth of the topsoil and subsoil.
            4.   An environmental assessment that establishes baseline conditions for radioactive intoxicant materials and air, ground and surface waters, soils, vegetation, and animals.
            5.   A description of the overburden, mineral seams, and other geologic formations, their conductivities and hydraulic gradients, known to exist above the deepest projected depth of the mining operation.
            6.   A description of the hydrology to the deepest projected depth of the mining operation, including mapping of the depth, water table level, extent, and flow characteristics of groundwater and aquifers for the hydrologic regime of the groundwater and drainage basins affected by the mining or milling operation.
            7.   A technical description of the mining or milling, types of equipment to be used, detailed site plan of all anticipated construction, an estimated timetable for each phase of work and for final completion of the program, a statement of source, quality and quantity of water to be used in the mining or milling operations, as well as the chemical and radioactive characteristics of all mined or milled products, waste products, and emissions to the environment.
            8.   A description of the major environmental impacts upon air quality, water quality and quantity, and land use modification presented by the mining or milling operations.
            9.   A description of the proposed plan to address the identified environmental impacts, to include:
               a.   Methods of separating the topsoil, subsoil, and soil piles, protecting them from erosion before reclamation begins, and keeping the topsoil free from acid or toxic materials.
               b.   Plan for ensuring that acid-forming or toxic materials constituting a hazard uncovered or created during mining or milling are promptly treated in a manner to prevent water and air contamination.
               c.   Measures to maintain the quantity and quality of ground and surface water, hydrologic balance, productivity of farmland, and soil and water recharge capacity.
               d.   Procedures to prevent water and air contamination through radioactive or toxic seepage of runoff from tailings, ponds, mine wastes, mine dewatering discharge, or other mining and milling related operations.
            10.    A plan for the reclamation of the land after mining is completed. Measures to be taken for surface reclamation shall take into account the impact on adjacent land uses and natural resources, and the proposed future use of the lands mined and adjacent lands, and shall include:
               a.   A reclamation schedule.
               b.   Methods of grading, backfilling, and contouring of disturbed areas and access roads.
               c.   Methods of waste management and disposal, including liquid and solid wastes.
               d.   Methods of revegetation.
            11.   A surety performance bond in an amount to be determined by the city to assure that sufficient funds will be available to carry out required reclamation and, if necessary, decontamination of affected ground and surface waters. The amount shall be set by the city council based on an estimate of the cost of reclamation and decontamination. The bond shall be released five years after mining and milling has ceased unless the city council find, for good cause shown, that the water quality of the affected area has not been restored or the reclamation plan has not been completed. The amount of the bond may be reduced by the city council if a bond is held by the state of South Dakota for the same purpose, by the same amount of the latter bond.
         B.   The applicant shall identify specific phases when monitoring and inspection of the mining and milling process shall be conducted by city, county, state, federal, or independent personnel to assure compliance with all applicable rules and regulations. If the conditional use permit is granted, the permit shall identify the inspection agency; and it shall be the responsibility of the applicant to notify said agency when monitoring or inspection is required. The applicant shall bear the burden of the cost of the monitoring and inspection program as determined by the city council.
         C.   A conditional use permit shall be issued only after all conditions specified herein have been met. Evidence of violation of the regulations including, but not limited to, air and water contamination shall be cause for an immediate cessation of the mining and milling.
      (7)   Solution mining and/or in situ mining of an ore body with the circulation of chemicals through injection and recovery wells for minerals is prohibited.
(Ord. 9-13, passed 3-19-2013)