(A) New mines are allowed to locate in any place of the city where zoning (Ch. 162 of this code of ordinances) allows them as permitted, conditional or interim uses. A permit shall be required for all mining/mineral extraction and subsurface mineral exploration operations, as defined in this chapter, as follows.
(1) New operations shall apply for a permit prior to any commencement of excavation activities.
(2) Changes in activity for existing non-conforming mining operations shall require an application for a permit prior to the commencement of any work or operational changes for the following changes:
(a) Source for material mined, going into different group or formation of geological strata as illustrated on the Wabasha County Geological Survey from what was previously mined or approved. For example going from the Prairie du Chein Group (including dolomite, limestone and thin sands of the Shakopee, New Richmond (or Root River) and Oneonta formations), to the Jordan formation sandstone;
(b) The process of removing the material is modified (e.g., tunneling versus surface mining) when such changes provide for a departure from the original nature and purpose of the mining operation; and
(B) All applications shall include the submittal of a form as provided for by the city completed along with all required attachments as identified in this section and any fees established under § 32.49 of this code of ordinances.
(1) (a) Any application for a permit within a designated shoreland zone (as indicated in Ch. 162 of this code of ordinances) or floodplain shall require a submittal by the city of the application and Planning Commission/City Council meeting information to the DNR area hydrologist at least ten days prior to the Planning Commission review.
(b) Application materials shall be submitted to the city’s Planning Commission for review.
(c) The Planning Commission shall hold a public hearing and review and consider the impact of the proposed operation and its conformance to this chapter along with anticipated impact to the future development of the city.
(d) Notice of time and place of the hearing shall be published at least once not less than ten days, nor more than 30 days, preceding the hearing in the newspaper of general circulation in the city.
(e) A similar notice shall be mailed at least ten days before the day of the hearing to each property situated wholly or partly within one-half mile of the property line of the land under ownership (of the contiguous parcel) of the proposed mine site.
(f) The Planning Commission may require additional review with additional materials to be submitted.
(g) City staff or the Planning Commission may request review and comment (to be forwarded to the City Council) from the Board of Water and Soil Resources, DNR, Department of Health, Pollution Control Agency or similar state or county departments as deemed appropriate.
(h) The Planning Commission shall provide a recommendation for issuance or denial of the permit with drafted findings of facts in support of its recommendation to the City Council.
(2) The City Council shall consider the application materials and recommendation of the Planning Commission as well as any comments or recommendations from other agencies and shall determine the approval or denial of the permit. The City Council shall also require a performance bond or a bank letter of credit for 110% of estimated reclamation expenses (as approved by the city) from the land owner to be submitted prior to or as a condition of the issuance of the mining permit. Total amount of assurance shall be based on the planned open mine cell in its entirety. The bond or letter of credit shall continue to be in effect until released by the city or completion of reclamation process occurs. City Council shall also require any additional assurances as indicated herein along with proof of liability insurance for $2,000,000.
(3) The document Tools to Assist Local Governments in Planning for and Regulating Silica Sand Projects, adopted by the state’s Environmental Quality Board (3-7-2014) and similar advisory documents will be utilized for proposal analysis.
(4) Permit renewal is required every two years starting with the date of initial application submittal. The City Council may extend the renewal period to every five years after the first renewal permit has expired or the operation has been in existence for more than three years without receiving citations of improper operations.
(5) The applicant shall be required to submit to the city sufficient funds to cover all expected consulting fees related to application review, activity and site monitoring and post activity requirements. These may include, but are not limited to, establishing and monitoring environmental (e.g., air and water) or infrastructure (e.g., road and storm water management) concerns. The city shall establish an escrow account for this purpose.
(6) Reasons for denial (including renewal permits) include, but are not limited to, the following:
(a) Failure of the operation to follow agreed upon practices under previously issued permit;
(b) Air quality monitoring results that pose a health issue to the public;
(c) Applicants failure to provide an adequate permit application, reclamation plan, financial assurance or any other submittal required by this chapter. The city has discretion to assess the adequacy of the information provided in the permit application, including whether human health and the environment will be protected. Denial of a permit based on inadequate application submittal shall not be construed to disallow future applications on the same project; however, the applications shall be deemed a new review process; and
(d) Failure to prevent ground or surface water contamination.
(Prior Code, § 345.03)