(A) The city does ordain based on the following findings of fact and statement of purpose:
(1) The excavation of different mineral resources and aggregates have the potential for different levels of impact on the community based on:
(a) Content of the mineral resource being excavated;
(b) The excavation process of the resource and its potential impact on water and air quality and on safety and visual impacts;
(c) The size of particulates which become airborne;
(d) The cleaning, sorting and processing of the resource;
(e) The amount of material excavated over a given period of time along with the method of transporting the material away from the mine site; and
(f) The treatment of the land after the resource is removed.
(2) Atmospheric particulate matter under the size of ten microns are respirable; they are small enough to penetrate the nose and upper respiratory system and enter deep into the lungs. (As supported by The Integrated Science Assessment for Particulate Matter (U.S. EPA Integrated Science Assessment for Particulate Matter (final report)), U.S. Environmental Protection Agency, Washington, DC EPA/600R-08/139F, 2009.)
(3) The respiration of some mineral resources have the potential to cause health impacts to those breathing them in over time.
(4) The noise and vibrations created by some mining activities impact neighbors (in particular residential) in a negative manner.
(5) The location and depth of a mine has the potential to impact underground water sources depended upon by the public for drinking water.
(6) The methods and treatment of a mine site after the excavation process ends has a great impact on the ultimate use of the property and the impact of that site on neighboring properties and the community as a whole.
(7) The mining of industrial aggregates is generally more intensive than construction aggregate mining in terms of its negative impact on the land and the operations impact on plant, animal and human lives within the community.
(8) M.S. § 462.357, as it may be amended from time to time, allows: “A municipality may, by ordinance, permit an expansion or impose upon non-conformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare or safety.”
(9) Guiding principles of the Comprehensive Plan include:
(a) A balanced approach to managing change and growth through community development, which is the combined efforts to sustain the community for the benefit of those living in it, considering and weighing all topic areas identified within this plan;
(b) Creation of an environment that allows for and encourages economic opportunities for individuals and businesses choosing to locate in the city;
(c) Creation and maintenance of a healthy environment; providing a living, working and recreational environment which allows individuals residing or visiting the city to make choices for a healthy lifestyle;
(d) Creation and maintenance of a human habitat that includes the natural and physical environment and the relationship of people with that environment;
(e) Preservation of natural and cultural elements which gives the Wabasha community an exceptional sense of place and attracts people to live and visit; and
(f) Continued commitment to tourism, sharing the natural, cultural and built environment of the community with visitors and striving to provide services to meet the needs of that growing industry.
(B) Now, therefore, the city does ordain for the purpose of protecting the health, safety and general welfare of the community the following standards and regulations pertaining to mining, mineral resource extraction operations and subsurface mineral exploration within the city. The objective of this provision is to minimize soil erosion and land scarring, to monitor the consumption of natural resources and minimize the impact of these activities on the adjacent lands, resources and persons residing in the area, preventing mining and extraction operations from creating a nuisance and health hazards within the community.
(Prior Code, § 345.01)