(A) Purpose. The purpose of this section is to safeguard life, limb, property, and the public welfare by controlling grading, mining, and filling operations so as to minimize conflicts with adjacent land uses, to preserve good soils and to regulate the type of materials used in filling operations, and to ensure that disturbed areas are restored upon completion of the operation.
(B) Scope. This section sets forth rules and regulations to control grading, mining, excavation, and earthwork construction including fills and embankments, establish the administrative procedure for issuance of permits, and provide for approval of plans and inspection of grading construction.
(C) Exceptions. This section shall not apply to:
(1) The excavation, removal, or storage of rock, sand, dirt, gravel, clay, black dirt, peat, or other like material for the purpose of compliance with a grading plan approved as part of a subdivision plat, site plan, or planned unit development, if the plat, site plan, or planned unit development does not require the exporting or importing of earth material and a letter of credit or other security has been posted before the excavation takes place;
(2) The excavation for the purpose of the yard, foundation, or basement of a building in the process of being erected, built, or placed thereon contemporaneously with, or immediately following, such excavation, removal, or storage and a building permit has been issued;
(3) The excavation, removal, or storage of rock, sand, dirt, gravel, clay, black dirt, peat, or other like material by a public agency incidental to the construction or maintenance of streets or utilities;
(4) Grading of individual residential lots by less than 250 cubic yards of earth material or less than 100 square feet of surface area in a calendar year.
(D) Permit required. Except as otherwise provided in this section, it shall be unlawful for anyone to mine or excavate as defined herein without having first obtained a written permit from the city authorizing the same in accordance with this section. Mining and excavation operations that predate this section that do not have a permit shall obtain a permit within 180 days after the adoption of this section. Current permit holders shall come into compliance with the terms of this section no later than the time their annual permit is renewed or within a maximum of 180 days.
(E) Applications for permits; procedures; contents of applications.
(2) An application for a mining or excavation permit shall contain:
(a) The names and addresses of the applicant, operator, and owner of the site.
(b) The purpose for which the permit is sought.
(c) The exact legal description and acreage of the property to be graded, mined, or filled.
(d) The following maps of the entire site including all areas within 350 feet of the site. All maps shall be drawn at a scale of one inch to 100 feet unless otherwise stated below:
1. Map 1 - Existing Site Conditions, to include:
a. Contour map (two foot intervals);
b. Existing vegetation;
c. Existing drainage and permanent water areas;
d. Existing structures;
e. Existing wells;
f. Water table elevations.
2. Map 2 - Proposed Operations, to include:
a. Location of sites to be graded, mined, or filled showing elevations of each stage of proposed operations;
b. Location of storage of mined materials showing maximum height of storage deposits;
c. Location of vehicle parking, and access roads;
d. Location and description of erosion and sediment control structures;
e. Location of any proposed dewatering operations.
3. Map 3 - End Use Plan, to include:
a. Final grade of proposed site showing elevations and contour lines at two foot intervals;
b. Location and species of vegetation to be planted;
c. Phasing plan;
d. Storm water drainage plan.
4. Map 4 - Hauling Roads, to include:
a. Location of designated hauling roads from the site to a state or federal highway;
(e) A soil erosion and sediment control plan.
(f) A plan for dust and noise control.
(g) A full and adequate description of all phases of the proposed operation including an estimate of duration of the grading, mining, or filling operation, the location, and the approximate acreage of each stage and a schedule for restoration.
(h) A rehabilitation or 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 100 feet and with a two-foot contour interval satisfactory to the Engineer, the following:
1. The final or planned contours of the land when the mineral removal operations are completed;
2. Those areas of the site that will be used for storage of topsoil and overburden;
3. The elevation and location of all water bodies.
(i) The location of any existing wells and the size and depth thereof located on the site.
(j) The location and description of any proposed dewatering operations.
(k) An analysis of the earth material to be used in the filling, which analysis shall include the following; the analysis as required herein shall be certified by a qualified testing laboratory:
1. pH content;
2. Organic material content;
3. Determination of the presence or lack of hazardous substances as defined by the Minnesota Pollution Control Agency.
(l) Any other information requested by the City Staff, Planning Commission, or City Council.
(F) Insurance. The applicant shall file with the city a liability insurance policy or certificate of such insurance acceptable to the city and issued by an insurance company authorized to do business in the state.
(1) The insurance policy shall insure the operator performing acts described herein for the sum of at least $500,000 for injury to one person and $1,000,000 for one accident and at least $500,000 property damage.
(2) The insurance policy shall be for the full period of the permit and shall provide for the giving of ten-days prior notice to the City Administrator by registered mail of termination, cancellation, or amendment of the policy.
(3) In the event said policy is terminated for any reason, the permit shall be automatically suspended upon the day the policy terminates, unless a new policy complying with this section is obtained and filed with the City Administrator prior to the termination of the policy in force.
(G) Review and approval of overall plan; function of renewable annual permits.
(1) The City Council shall review the permit application and shall approve the permit if it is in compliance with this section, this chapter, and other applicable laws, ordinances, code provisions, and regulations. The City Council may attach conditions to the permit approval to promote safety and prevent nuisance conditions. The rehabilitation plan shall only be approved if it is consistent with the uses allowed in the City's Comprehensive Plan and this chapter.
(2) Implementation of the overall plan shall be by means of renewable annual permit. The purpose of the renewable permit is to assure compliance with the longer-range overall plan and to retain the ability to modify existing or to attach new conditions in accord with changing characteristics of the site or its surroundings. The City Council, after consultation with appropriate city staff, may issue renewal licenses upon satisfactory proof of compliance with this chapter.
(H) Termination of permit.
(1) The material extraction permit may be terminated for violation of this section or any conditions of the permit. No permit may be terminated until the City Council has held a public hearing to determine whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The City Council may establish certain conditions which, if not complied with, will result in immediate suspension of operations until the pubic hearing to consider termination of the permit can be held.
(2) It shall be unlawful to conduct mineral extraction or excavation after a permit has been terminated.
(I) Annual permits; renewal; conditions.
(1) Request for renewal of an annual permit shall be made 60 days prior to the expiration date. If application or renewal is not made within the required time, all operations shall be terminated and reinstatement of the permit may be granted only upon compliance with the procedures set forth in this section for an original application.
(2) A permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this section when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this section. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind, or character of the proposed operation, require the construction of structures, require the staging of extraction over a time period, require the alteration of the site design to ensure compliance with the standards, require the provision of a performance bond by the operator to ensure compliance with these regulations in this chapter, or other similar requirements.
(J) Fees. A schedule of fees for the examination and approval of applications for permits under this section and the inspection of operations for compliance with the conditions of this section and the permit shall be determined by resolution of the City Council, which may, from time to time, change the schedule. Prior to the approval and issuance or renewal of any permit under this section, the fees shall be paid to the city and deposited to the credit of the General Fund.
(K) Performance bond or irrevocable letter of credit. Prior to commencing any grading, mining, or filling operation, a performance bond, cash escrow, or irrevocable letter of credit, in such form and amounts as the city may require, shall be deposited with the city. The amount of this deposit shall vary according to the scope and duration of the project and shall be established by the City Council. This deposit may be used by the City Council to: pay for the cost and expense of repairing any public rights- of-way due to the grading, mining, or filling operation; pay for the costs associated in administering the requirements of this section; and pay for any restoration of the site not properly restored upon completion. This security shall be used by the city only in the event that the permit holder fails to pay bills submitted for costs incurred by the city.
(L) Issuance of permit imposes no liability on city and relieves the permittee of no responsibilities, etc.
(1) Neither the issuance of a permit under this section nor compliance with the conditions thereof or with the provisions of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor shall the issuance of any permit under this section serve to impose any liability on the city or its officers or employees for any injury or damage to persons or property. A permit issued pursuant to this section does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance, code provision, or regulation.
(2) As a condition of this permit, the permittee agrees to allow the City Council or any of its staff members to trespass for the purpose of inspecting the mining operation at all times. In addition, the permittee grants the city or its representative the right to trespass on the site to complete the restoration in the event that the permittee fails to do so.
(M) Performance standards.
(1) General provisions.
(a) Vegetation removal. Weeds and other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance of the site and to minimize seeding on adjacent property.
(b) Equipment maintenance and use; rubbish removal. All equipment used for grading, mining, or filling operations shall be maintained and operated in such a manner as to minimize, as far as practicable, noises, dust, and vibrations adversely affecting surrounding properties. In addition, all machinery shall be kept in good repair and painted regularly. Abandoned machinery and rubbish shall be removed from the site regularly.
(c) Noise, safety, and dust concerns. All hauling operations shall be complete so as to minimize noise, safety, and dust concerns to adjacent residential properties.
(d) Safeguarding from refuse deposit. All grading, mining, and filling sites shall be properly safeguarded to prevent the general public from depositing garbage or other refuse in the site.
(e) Structure, equipment, and trailer removal. All structures, trailers, or equipment that has not been actively used in the mining operation for eight months shall be removed from the site.
(f) Structure and trailer maintenance. All structures or trailers used for the mining and grading operation shall be maintained in accordance with acceptable industry standards.
(g) Vegetation preservation. Existing tree and ground cover shall be preserved to the extent feasible, and maintained and supplemented by selective cutting, transplanting, and replanting of trees, shrubs, and other ground cover along all setback areas.
(2) Water resources.
(a) The grading, mining, or filling operation shall be conducted in such a manner as to minimize interference with the surface water drainage outside of the boundaries of the site.
(b) No grading, mining, or filling operations shall occur below an elevation of six feet above the elevation of the water table on the site.
(3) Safety fencing.
(a) Safety fencing may be required around all or portions of the site at the discretion of the City Council.
(b) Fencing may be ordered by the City Council or City Engineer any time the permit is in force and shall be installed with 24 hours of written notice.
(4) Access roads. The location of the intersection of mining, grading, or filling access roads with any public roads shall be selected such that traffic on the access roads or streets shall be maintained in order to minimize dust considerations.
(5) Haul roads. Haul roads for new mining operations which commence operation after the adoption of this section shall be nine-ton roads only, as defined by city standards. Haul roads for existing mining and excavation in existence at the time this section is adopted shall be officially designated and approved by the city. For an existing mining operation that is not a nine-ton road, the operator shall comply with seasonal weight restrictions when using the designated haul road.
(6) Fill materials. An analysis of all fill materials must be provided to and approved by the City Engineer prior to commencing any filling activities. No filling materials shall be permitted which, in the opinion of the City Engineer, would be undevelopable or create substandard soils.
(7) Screening barrier. To minimize problems of dust and noise and to shield site operations from public view, a screening barrier may be required at the city's discretion between the site and adjacent properties. A screening barrier may also be required between the site and any public roads located within 500 feet of any grading, mining, or filling operations. The screening barrier shall be planted with a species of fast-growing trees, and where practical, stockpiles of overburden materials shall be used to screen the operation site.
(8) Slopes. The maximum permitted slope for any grading, mining, or filling operation other than the working face shall be sloped on all sides at a maximum ratio of two foot horizontal to one foot vertical, unless a steeper slope shall be approved by the City Engineer. In no case shall the slope of the working face of the operation be left unattended with a slope greater than two feet horizontal to one foot vertical. Where excavations are adjacent to a public roadway or other right-of-way, the excavation shall have a maximum four to one slope. Slopes adjacent to or contiguous to bodies of water shall be sloped at a maximum of six to one.
(9) Setback.
(a) A grading, mining, or filling operation shall not be conducted closer than 30 feet to the right-of-way line of any existing or platted street, road, or highway, except that excavating may be conducted within such limits in order to reduce or raise the elevation thereof in conformity to the existing or platted streets, road, or highway.
(b) Processing of minerals shall not be conducted closer than 100 feet to the property line nor closer than 500 feet to any residential or commercial structures located prior to commencement of processing operations without the written consent of all owners and residents of the structures. Mining operations shall not be conducted closer than 30 feet to the boundary of any zone where such operations are not permitted, nor shall production or processing be conducted closer than 30 feet to the boundary of an adjoining property line, unless the written consent of the owner in fee of such adjoining property is first secured in writing.
(c) No excavation or digging shall be made beyond the limits for which the particular permit is granted and in no case shall any excavation or digging be made within 30 feet of any adjoining road right-of-way or structure as may be in the area without obtaining specific approval by the City Council.
(10) Stockpiling. Where practical, stockpiles of overburden shall be used to screen the extraction. Stockpiles of either overburden or mined material shall be limited to 22 feet in height. Removal or sale of the overburden shall not be allowed until the entire site has been restored. Also, the stockpiling of foreign material will not be allowed under the mining permit. Only mined or extracted material from the site may be stockpiled.
(11) Earth material. No earth material shall be imported to or exported from the site until the haul road has been officially designated as a haul road by the city and all materials hauled from the source shall be hauled over that road. The haul road designation process shall be pursuant to Section 2051.3 of the Minnesota Department of Transportation's Standard Specifications for Construction, 1988 Edition.
(12) Nuisances. All reasonable means shall be employed by the applicant to reduce dust, noise, and nuisances.
(13) Noise. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Environmental Protection Agency of the United States.
(14) Hours. All mining operations shall be conducted between 7:00 a.m. and 7:00 p.m. on weekdays only, unless otherwise specifically approved by the City Engineer or his or her agent.
(15) Dust. Operators shall utilize all practical means to reduce the amount of dust caused by the operation. In no case shall the amount of dust or other particulate matter exceed the standards established by the Minnesota Pollution Control Agency. No operations shall be allowed when wind gusts exceed 30 mph.
(16) Water pollution. Operators shall comply with all applicable Minnesota Pollution Control Agency regulations and federal and Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated wash water, shall be deposited in any lake or natural drainage system, except that lakes or ponds wholly contained within the extraction site may be so utilized.
(17) Topsoil preservation. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan.
(N) Dangerous operations. The operators shall change, alter, or modify immediately any excavation or operation therein deemed by the City Council to be unsanitary or dangerous or polluted or contrary to the general health and welfare of the city.
(O) Maintenance of haul roads and traffic law compliance.
(1) While hauling operations are in progress, the operator shall maintain the haul road(s) in a condition satisfactory to the City Engineer. This work shall include application of water, bituminous material, or calcium chloride to the road surface as may be necessary to alleviate dust nuisance and eliminate traffic hazards. This work shall also include the removal of spillage of any material on the haul road(s).
(2) When hauling operations over any road are completed, the operator shall (at the operator’s option):
(a) Restore that haul road to a condition at least equal to that which existed at the time the hauling operations were started; or
(b) Compensate the local road authority in an amount satisfactory to that road authority and concurred in by the City Engineer for the restoration of that haul road by the local authority.
(3) The City Engineer's determination as to the kind and amount of maintenance and restoration work required to restore the haul road to a condition equal to that which existed at the time the hauling operations were started shall be final, binding, and conclusive.
(4) When hauling over any designated haul road has been completed and the operator has restored that road or has compensated for that restoration as required, the City Engineer will accept such restoration or concur in such financial settlement for the restoration of the haul road (as the case may be) in writing, and such acceptance will relieve the operator of any kind of additional obligation in connection with the restoration of that road.
(5) If the operator fails or refuses to perform haul road restoration or to make satisfactory financial settlement for such restoration as required within the period specified in a written notice by the City Engineer, the city will cause the restoration work to be done and require reimbursement therefor from the operator's surety.
(P) Site restoration. All grading, mining, and filling sites shall be restored immediately after operations cease. Restoration shall be completed within 60 days of the cessation of operations unless operations cease during the fall. In no case shall restoration be left uncompleted for over eight months. The following standards shall apply to restoration:
(1) The peaks and depressions of the site shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding the site and which will minimize erosion due to rainfall. No finished slope shall exceed 12% in grade.
(2) Restoration shall begin after the grading, mining, and/or filling of 25% of the total area to be mined or five acres, whichever is less. Once these areas have been graded, mined, or filled, they shall be sloped and seeded as per the restoration plan.
(3) Restored areas shall be surfaced with a soil of a quality at least equal to the topsoil of land areas immediately surrounding the site, and to a depth of at least six inches. The topsoil shall be seeded, sodded, or planted with grasses. Trees and shrubs may also be planted but not as a substitute for grasses. Such planting shall adequately retard soil erosion.
(4) The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site and shall be consistent with the end use plan.
(5) Within 30 days after the deposit of approved fill materials, the filled areas shall be covered with a minimum of six inches clean fill, and the depth of the fill shall be controlled to blend with the surrounding ground conditions.
(Ord. 110, passed 11-15-97; Am. Ord. 2001, passed 7-14-20) Penalty, see § 155.999