(A) Existing mines which do not meet the standards of this chapter or mining standards of the zoning code are deemed non-conforming mining operations. These shall be allowed to continue to operate per M.S. § 462.357, as it may be amended from time to time. The extent of the non-conforming mine shall be established and recorded by the city.
(B) A non-conforming mine may register its operation as prescribed below. The city shall also investigate the nature and extent of the non-conforming use making a final determination of the extent of the non-conformity based on its own investigation and upon the information provided by the mining operation, and the city shall record and file the same with the County Recorder. The following information is needed to register:
(1) Name and address of the property owner;
(2) Name, address, phone number and e-mail contact of the company or person conducting the excavation/mining on the property;
(3) A general history of the operation indicating when mining began and major changes to the operation occurred (if known);
(4) The legal property description and acreage of the entire property under ownership by the land owner currently and at the time the mine became non-conforming;
(5) A description of the specific area to be mined;
(6) Any lease or mining agreements between the property owner and mine operator indicating the extent of the mining operation existing at the time the mine became non-conforming;
(7) One or more maps or site plans showing:
(a) Existing mine location;
(b) Proposed extent of mine boundary including distances between the mine opening and any neighboring property boundaries, road rights-of-way and the top and toe of any bluffs;
(c) Anticipated time frame of mine extensions (a phasing plan of which areas will be mined and when);
(d) Proposed depth of mine;
(e) Existing drainage patterns and water retention areas, if any;
(f) Location of any known sinkholes, wetlands, springs or similar surface features, located on property;
(g) Existing and proposed fuel stations or chemical storage tanks with description of material and size of tank;
(h) A general description of any processing which occurs on site and a list of any chemicals used in that process; and
(i) Location of storage of excavated materials along with the height of storage deposits.
(8) An indication of any expectation of the need for dewatering and anticipated source of water (ground water or accumulating storm water/snow melt) along with a plan for water disposal or drainage routing;
(9) If blasting is used at the mine site, a general description of the process used including any safety or emergency response plans. The city may request additional information be provided to the city’s Fire Chief or Director of Emergency Management if deemed necessary to protect the public health and safety;
(10) Annual registration of the non-conforming mine indicating:
(a) Divisions (B)(1) through (B)(4) above along with an updated site plan showing:
1. Areas mined in full where no additional mining is planned to occur;
2. Areas proposed for mining over the subsequent two-year period; and
3. Any areas proposed for reclamation within the next two-year period.
(b) Divisions (B)(5) through (B)(8) above shall be provided during annual registration only where changes have occurred since the previous registration provided to the city.
(11) A plan for eventual reclamation of the mine site is requested to be provided upon initial registration with as much detail as the property owner/mine operator has at that time. Additional information, proposed changes and updates to the reclamation plan shall be provided during annual registration. The following information shall be provided in the reclamation plan:
(a) Proposed final grades and elevations shown on a map along with a general description of the reclamation process such as filling or re-grading;
(b) A proposed description of final use of the mine site; and
(c) Locations of any areas proposed for final ponding including proposed depth of and slope of pond edges:
1. Location and type of (non-invasive species) vegetation to be replanted; and
2. Location and nature of any structures to be erected in relation to the end use planned for the site.
(12) Mine operators may provide to the city any additional information or data they would like for the city to have on file;
(13) Mine operators may record their registration along with any city approvals at the County Recorder’s office; and
(14) Non-conforming mine registration materials shall be provided to the city’s Planning Commission for review and official acceptance and shall be kept on file at City Hall documenting the legal non-conforming mine status.
(C) When no registration is provided, the city shall conduct a study, gathering data indicated in division (B) above and other available information making a final determination of the extent of the non- conformity based on its own investigation. The city shall record and file the same with the County Recorder.
(Prior Code, § 345.05)