The following information shall be provided by the person requesting the permit in order for the city to consider the potential effects from the proposal on environmental, economic and social effects of the proposed project onto the community and shall be completed by a licensed engineer, geologist, surveyor or landscape architect or other professional specialist (as appropriate):
(A) Name and address of the property owner;
(B) Name, address, phone number and e-mail contact of the company or person conducting the excavation/mining on the property;
(C) The person or company requesting the mining permit, if different than the land owner or mine operator;
(D) The legal property description and acreage of the entire property under ownership and the area and volume of resource to be mined;
(E) A deed or other proof of ownership of the property along with a lease or other agreement with the property owner if applicant and property owner are not the same;
(F) The following maps/documents of the entire site and including all areas within one-fourth mile of the site. These shall be drawn to a legible scale.
(1) Map/Document 1. Existing conditions to include:
(a) Contour lines at two-foot intervals;
(b) Existing vegetation;
(c) A DNR Natural Heritage Information System (NHIS) data request form with NHIS response;
(d) Existing drainage and water retention areas;
(e) Location of all wetlands per the National Wetland Inventory or as determined by a wetland delineation; and
(f) Location of all archaeological, historic and cultural resources (including any cemeteries or known burials) located on the proposed mine prepared by a professional in the field of historic resource management property including:
1. Any such resources known by the property owner;
2. Those listed on or determined eligible for listing on the National Register of Historic Places;
3. Those indicated on the statewide inventories or other statewide lists as overseen by the state’s Historic Preservation Office;
4. Those included on any local list of significant resources kept by the city under the guidance of the Heritage Preservation Commission;
5. Existing structures (with photos and a keyed map of locations); and
6. Existing fuel stations or chemical storage tanks.
(2) Map/Document 2. Proposed operations to include:
(a) Structures to be erected;
(b) Location of sites to be mined showing depth of proposed extraction in two-foot contours;
(c) A description of the proposed depth of the mine, the geological strata from which material will be removed and the distance (vertically and horizontally) from any public or private drinking water source aquifers along with a plan for dewatering (if needed) and, of deemed necessary by the City Engineer a well interference response plan which must be approved prior to, and will be made a condition of approval of the permit;
(d) Location of storage of excavated materials, showing the height of storage deposits;
(e) Location of vehicle parking including surface treatment, number of spaces and numbers of employees; and
(f) Location of storage of explosives (if any) along with containment structure description.
(3) Map/Document 3. Reclamation plan to include:
(a) Final grade of proposed site showing elevations and contour lines at two-foot intervals;
(b) Location and list of non-invasive species of vegetation to be replanted; and
(c) Location and nature of any structures to be erected in relation to the end use plan.
(4) Map/Document 4. Proposed method to convey extracted material along with map showing the proposed route. If the mine operation meets the definition of major traffic generators (as defined in Ch. 162 of this code of ordinances), all standards and requirements for that CUP must be met and that process may occur concurrently to the review of the mine permit application:
(a) A geologic survey and a karst features survey of the property and the surrounding area within 1,000 feet of the property prepared by a licensed and accredited mining geologist;
(b) Plans for dust control, noise control and a soil erosion and sediment control plan; and
(c) A plan for air quality monitoring which will address the following:
1. Data on the type and specifications of the monitoring equipment proposed to be used; and
2. Monitoring siting criteria as established by the U.S. Environmental Protection Agency (EPA) which are described in 40 C.F.R. part 58, app. E.
(G) For horizontal and vertical placement of monitors based on a study (submitted with the air quality plan) to determine the criteria for placement of air monitoring probes or sample inlets. In most cases, air monitoring probes and inlets must be located between seven and 23 feet above ground level. As a result, monitoring sites located at ground level typically require the installation of an elevated platform or shelter. Air monitoring sites may also be located on the roof of a building which is no higher than two stories;
(H) For placement of monitors with spacing from emission sources for source-oriented or hot- spot monitoring. Air monitors should be located as close to the area of expected maximum air pollution concentration as safely possible;
(I) Spacing from obstructions: buildings and other obstacles can impact air monitoring results by scavenging pollutants and restricting airflow to the monitor, resulting in inaccurate air concentration measurements. In general, if an obstruction is located near an air monitoring site, the distance of the air monitor from the obstruction must be two-times the height of the obstruction;
(J) The monitoring of ambient air to compare air monitoring results with air quality standards, The air monitoring site must be measuring ambient air outside of the facility’s property line if a fence or other physical obstruction prevents public access. If no such obstruction exists, air quality monitors located within a facility’s property boundary may be considered ambient. Air monitors must conform to U.S. EPA’s design standards as outlined in 40 C.F.R. parts 50, 53 and 58. The use of reference or equivalent methods to help assure the reliability of air quality measurements is required; and
(K) Recording of air concentrations of: total suspended particles (TSP), inhalable particles (PM10), fine particles (PM2.5) and crystalline silica as PM10 or PM4 per the standards agreed to in the accepted monitoring plan:
(1) A completed non-metallic mining and associated activities compliance audit checklist (created by the state’s Pollution Control Agency). A copy of the issued NPDES/SDS permit may be provided with the application instead and (if required under state law) may be required as a condition of permit approval;
(2) A full and adequate description of all phases of the proposed operation to include an estimate of duration of the mining operation and reclamation for each area;
(3) Type of material being removed from the site and intended use according to SCC, SIC and NAICS codes, including identification of particle size(s) being removed from the site;
(4) A complete list of any chemical or toxic substance proposed for use of any excavation or mining process including through injection, land application or other method of use;
(5) A description of the proposed depth of the mine;
(6) Identification of water needs including amount (overall and gallons per day), source of water and plans for water recycling/reclamation along with permits for any existing or approved wells from the county and from the state’s Department of Natural Resources;
(7) Location and depth of any existing and proposed wells on the property and within one and one-half-mile radius of the mine pit. All wells including those for monitoring, dewatering, industrial processes and drinking water shall be indicated;
(8) A blasting and monitoring plan (for those operations using explosives) to include the following information:
(a) An indication of the circumstances blasting is proposed for the mining activity at that site along with anticipated timing and duration of blasting;
(b) The process and procedures which will be used to prepare for blasting at the site, including:
1. Company policies and procedures on blasting and use of explosives (generally and specific to this site);
2. Security procedures to be used for securing the site before and during the blasting activity; and
3. An indication of the use of best management practices to assure that the release of chemicals, including ammonia nitrate/fuel oil, nitrates, polyacrylamide and acrylamide into the environment during any point of the blasting process is minimized to the fullest extent possible.
(c) These procedures shall include notification to the city to be provided at least three business days prior to blasting activity and will include the following:
1. The date and time blasting will start along with the anticipated duration of the activity;
2. Name, address, license number, contact phone numbers and e-mail address of the blaster in charge of the blast;
3. Name, address, contact phone numbers and e-mail address of any person (agent or employee) in charge of the operation who will respond to inquiries by the city;
4. A map showing the location of the blasting site including the location of all the buildings located within one-half mile of the controlled blasting site, names, addresses and contact information of owners of those buildings;
5. Copy of license and/or permits issued by the state’s Fire Marshal (as required by M.S. §§ 299F.73 and 299F.74, as they may be amended from time to time); and
6. Copy of any license and/or permit issued by the Federal Mining Safety and Health Administration (MSHA) (as required by 30 C.F.R part 56, as they may be amended from time to time).
(9) In any situation where the operation proposed will require a mandatory environmental assessment worksheet or environmental impact statement, pursuant to M.S. §§ 116D.04 and 116D.045, as they may be amended from time to time, and the administrative rules Ch. 4410, this process shall be initiated upon mining permit application to the city. A discretionary EAW may be required per the standards and procedures set forth in state law after the mining permit is submitted. Review of the mining permit, per these regulations, may occur concurrently but the project may not proceed, no final approvals shall be made by the city, and a permit shall not be issued until the environmental review process is complete as indicated by one of the following:
(a) A petition for an EAW is dismissed;
(b) A negative declaration on the need for an EIS is made (by the RGU);
(c) An EIS is determined adequate;
(d) A variance is granted by the Environmental Quality Board; and
(e) Current or proposed pollution prevention measures and emergency/spill response plan including:
1. Spill prevention and fueling plan;
2. Employee training and housekeeping practices;
3. Storage locations and methods of containment for any chemicals or fuels;
4. Existing and planned erosion and sediment control structures and methods; and
5. Any other information requested by the Planning Commission or City Council.
(10) The city may utilize professional outside consultants to assist in review of submitted materials and the cost of the review shall be borne by the permit applicant; and
(11) Proof of liability insurance for $2,000,000.
(Prior Code, § 345.04)