(A) Purpose. Modern lifestyles create the indisputable need for a continued and uninterrupted supply of aggregate material. Accordingly, mining is a necessary land use that shall be balanced with the impact on the environment, health, welfare, safety, and quality of life of Wright County residents and future generations. The purpose of this section is to regulate mining operations so as to minimize conflicts with adjacent land uses and ensure that mining operations are reclaimed with a use compatible with surrounding land uses and a use as designated in the Comprehensive Land Use Plan.
(B) Administration; permit review.
(1) An interim use permit shall be required for all commercial mining operations. Said permit shall be valid for a period of time set by the County Planning Commission but shall not exceed ten years; after which, a new interim use permit shall be required. Except that an interim use permit for a hot mix asphalt plant shall not be issued for a term in excess of two years.
(2) Persons requesting a mining permit shall submit said fee to the County Planning Commission together with all information required in this section.
(3) For mining operations which will last only one season, such as for road projects, the Planning Commission may issue a temporary mining permit. Such permit may include the placement of a bituminous hot mix plant and other accessory equipment. Said permits shall only apply if the mining site is to be opened, closed and reclaimed within one year. The Zoning Administrator may waive some of the information required by division (C) below in the case of a temporary mining permit. A temporary mining permit shall be administered as an interim use permit.
(4) If the request is denied, no reapplication shall be made for a period of six months.
(C) Information required. The following information shall be provided by the person requesting the permit:
(1) Name and address of person requesting the mining permit;
(2) The exact legal property description and acreage of area to be mined;
(3) The following maps of the entire site and to include all areas within 500 feet of the site. All maps shall be drawn to a scale as determined by the Zoning Administrator and submitted on scale-size paper, otherwise stated below:
(a) Map A, existing conditions to include:
1. Contour lines at two-foot intervals;
2. Existing vegetation;
3. Existing drainage and permanent water areas;
4. Existing structures; and
5. Existing wells.
(b) Map B, proposed operations to include:
1. Structures to be erected;
2. Location of sites to be mined showing depth of proposed excavation;
3. Location of tailings deposits showing maximum height of deposits;
4. Location of machinery to be used in the mining operation;
5. Location of storage of mined materials, showing height of storage deposits;
6. Location of vehicle parking, truck staging, queueing, or stacking area, access roads and local truck routes;
7. Location of storage of explosives, equipment, and other materials;
8. Erosion and sediment control structures;
9. Screening, berms, and proposed plantings; and
10. Location of leak containment structures, in the event of a petrochemical leak or spill.
(c) Map C, end use plan to include:
1. Final grade of proposed site showing elevations and contour lines at two-foot intervals;
2. Location and species of vegetation to be replanted; and
3. Location and nature of any structures to be erected in relation to the end use plan.
(4) A soil erosion and sediment control plan;
(5) A plan for dust and noise control;
(6) A full and adequate description of all phases of the proposed operation to include an estimate of duration of the mining operation; and
(7) Any other information requested by the Planning Commission or Zoning Administrator.
(D) Use restrictions.
(1) Mining operations shall be an interim use in the Agricultural District.
(2) The crushing, washing, refining or processing, other than the initial removal of material, shall be considered a separate interim use.
(3) In stone quarries, the production or manufacturing of veneer stone, sills, lintels, cut flagstone, hearthstones, paving stone and similar architectural or structural stone and the storing or stockpiling of such products on the site shall be considered a separate interim use.
(4) The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready-mixed concrete and any similar production or manufacturing processes which might be related to the mining operation shall be considered as a separate interim use.
(5) The crushing, heating, storage, washing, refining, or processing of asphalt or bituminous material for the production of bituminous asphalt material shall be considered a separate interim use.
(6) A new interim use permit shall be required for any mining operation where the amount of imported material exceeds the amount of material extracted or the primary use changes from the extraction of aggregate resources to the processing of materials.
(7) The Planning Commission may impose additional performance standards as part of the interim use permit.
(E) Performance standards.
(1) General provisions.
(a) Weeds and any other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property.
(b) No sand and gravel operation shall be conducted on parcels of less than 20 acres in size. This limitation shall not apply when the tract of land is contiguous to an active mining operation, provided that both tracts are being operated by the same sand and gravel producer.
(c) All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as far as is practicable, noises and vibrations which are injurious or substantially annoying to persons living in the vicinity. All non-conforming uses shall apply for and obtain an interim use permit.
(d) All hot mix asphalt plants must utilize odor control technology or additives to reduce the odors emitted from the hot mix asphalt plant. The applicant for a hot mix asphalt plant interim use permit shall state in their application the means and methods they will be utilizing for effective odor control. Any technologies or products used must be stated in the annual report if required under § 155.100(I).
(2) Water resources.
(a) The mining operation shall not be allowed to interfere with surface water drainage beyond the boundaries of the mining operation.
(b) The mining operation shall not adversely affect the quality of surface or subsurface water resources.
(c) Surface water originating outside and passing through the mining district shall, at its point of departure from the mining site, be of equal quality to the water at the point where it enters the mining site. The mining operator shall perform any water treatment necessary to comply with this provision.
(3) Safety fencing. Any mining operation adjacent to a residential zone or within 300 feet of two or more residential structures shall comply with the following standards.
(a) Where collections of water occur that are one and one-half feet or more in depth existing for any period of at least one month, and occupy an area of 700 square feet or more, all access to such collections of water shall be barred by a fence or some similarly effective barrier such as a snow fence at least four feet in height.
(b) In locations where slopes occur that are steeper than one foot vertical to three feet horizontal existing for a period of one month or more, access to such slopes shall be barred by a fence or some similarly effective barrier such as a snow fence of at least four feet in height.
(4) Mining access roads. The location of the intersection of mining access roads with any public roads shall be selected such that traffic on the access roads will have a sufficient distance of the public road in view so that any turns onto the public road can be completed with a margin of safety. Access roads connecting to public roads or highways shall be sufficiently wide to accommodate two-way hauling traffic. Intersections of public roads with access roads shall be maintained by the mine operator and shall be kept clean and free from mud, debris or asphalt tracked out from the mining site. Such intersections shall also be repaired by the mine operator if the public road surface or shoulders have broken down due to repeated traffic by mining trucks and equipment. The need for turn lanes, road improvements, maintenance, or repair will be determined by the road authority. Upon written notification from a local road authority directing the repair, maintenance, or other such actions due to the repeated traffic by mining trucks and equipment, the property owner or operator shall have 14 days to comply with the directives of the local road authority. If the property owner or operator fails to comply within that time, the Zoning Administrator may suspend any interim mining permit. Any suspension shall be in effect until all conditions or requirements from the local road authority are brought into compliance. No mining, extraction, or processing activities shall occur during a suspension.
(5) Screening barrier.
(a) To minimize problems of dust and noise and to shield mining operations from public view, a screening barrier shall be maintained between the mining site and adjacent residential and commercial properties. A screening barrier shall also be required between the mining site and any public road within 500 feet of any mining or processing operations. The type and extent of the barrier shall be set by the Planning Commission. The Planning Commission may waive or alter screening requirements in this section.
(b) Existing trees and ground cover along public road frontage or property lines shall be preserved and maintained (or supplemented), for the depth of the roadside or property line setback, except where traffic safety requires cutting and trimming.
(c) Any trees or shrubs approved for use as a screening barrier must be mature and at least six feet in height. Any tree or shrub which is overcome with disease or that is deceased must be replaced with a new mature tree at least six feet in height and of the same type within 30 days. All trees and shrubs must be irrigated as needed to prevent disease or death.
(6) Setback.
(a) 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. The processing of minerals shall not be conducted within shoreland principal structure setback distances.
(b) Mining operations, not to include berms or screening barriers, shall not be conducted closer than 30 feet to the boundary of an adjoining property line.
(c) Unless approved in writing by the applicable road authority, mining operations, not to include berms or screening barriers, 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 the elevation thereof in conformity to the existing or platted street, road or highway.
(7) Appearance. All buildings, structures and plants used for the production of processing of sand and gravel shall be maintained in such a manner as is practicable and according to acceptable industrial practice as to assure that such buildings, structures and plants will not become dangerously dilapidated.
(8) Days and hours of operation.
(a) All mining operations shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday, unless otherwise specified by the Planning Commission;
(b) Any operations not conducted between the hours of 7:00 a.m. and 7:00 p.m. shall require a new or amended interim use permit. Such permits shall be granted for public or private emergency, for government work required by agency contracts, or whenever any reasonable or necessary repairs to equipment are required to be made.
(c) Operations shall include the loading and unloading of trucks and the moving and processing of materials. Trucks may enter the mining site no earlier than 6:00 a.m. and leave the mining site no later than 7:00 p.m. At no time may trucks park, queue, or stack on public rights-of-way. The Planning Commission may authorize work outside of the restrictions stated herein as part of an interim use permit hearing.
(d) Operations shall be prohibited on county designated holidays as of January 1, 2023.
(9) Dust and dirt.
(a) All equipment used for mining operations shall be constructed, maintained and operated in such a manner as to minimize, as far as practicable, dust conditions.
(b) All mining operators will be responsible for providing water or other suitable methods to control dust on roads utilized by trucks hauling to or from mining operations. Roads that require cleaning or dust control because of mining operations shall be tended to when conditions warrant, or a potential safety hazard exists.
(c) The Planning Commission may require dust control measures within mining operations when it is determined that airborne dust from extraction areas, processing activities, stockpiles, internal roads, or other mining related activities may create a public nuisance. Such dust control measures may include berming, landscaping, or enclosures for processing equipment.
(10) Signage. An information sign shall be erected at the intersection of the primary access road and the public road servicing the site identifying the name of the company or landowner responsible for the operations at the site. This sign shall also include a telephone number(s) for the company or responsible landowner, shall be clearly visible from the public road, and shall conform to the signage requirements in § 155.097 of this chapter.
(11) Other regulations. All operations must abide by all other local, state, and federal rules, laws, regulations and provisions. Any violation of these other provisions may result in the revocation of the interim use permit.
(12) Inactivity. In the event less than 10,000 cubic yards of material has been removed from the mining operation in any five-year period, as indicated through the Aggregate Removal Tax program, the Planning Commission may require a hearing to review the facility and may terminate the mining permit.
(F) Land rehabilitation. All mining sites shall be rehabilitated immediately after mining operations cease. The Planning Commission shall review and require a staged reclamation when applicable. Rehabilitation shall be complete within one year or within the terms specified in the interim use permit. The following standards shall apply.
(1) Within 12 months after completion of mining activities or after termination of the permit, all equipment, vehicles, machinery, structures, processing plants, materials, and debris shall be removed from the site.
(2) Unless otherwise stated by the Planning Commission, a minimum of four inches of clean, uncontaminated topsoil shall be placed on all final graded and rehabilitated areas. The peaks and depressions of the area 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 area, and which will minimize erosion due to rainfall. No finished slope shall exceed 25% in grade.
(3) For reclaimed areas that include water features, the banks of such features shall be sloped to the water line at a slope no greater than two feet horizontal to one foot vertical.
(4) All restored areas shall be seeded with a mixture consistent with Minnesota Department of Transportation specifications for rights-of-way or a mixture recommended by the Wright County Soil and Water Conservation District, or returned to crop production, unless otherwise specified or approved by the Planning Commission.
(5) The finished grade shall be such that it will not adversely affect the surrounding land or future development of the site upon which mining operations have been conducted. The finished plan shall restore the mining site to a condition whereby it can be utilized for the type of land use proposed to occupy the site after mining operations cease.
(6) Unless otherwise amended or approved by the Planning Commission, all final grades and site restoration shall be consistent with Map C, the End Use Plan.
(G) Financial guarantee. The county shall require a performance bond, cash escrow, or irrevocable letter of credit in a form and from a financial institution acceptable to the county, to guarantee compliance with this chapter and terms and specifications of the interim use permit. The county shall have the right to use the financial guarantee to remove stockpiles, complete site rehabilitation, and correct other deficiencies or problems, in the event the owner or operator is in default of the permit obligations. The amount of financial guarantee shall be equal to $5,000 for every permitted acre or any other amount deemed acceptable by the Planning Commission. The financial guarantee may be adjusted periodically to reflect ongoing progress, at the discretion of the Zoning Administrator, and shall remain in full force and effect until all conditions of the permit have been met, including site restoration.
(H) Exceptions. A mining and extraction permit shall not be required for any of the following:
(1) Excavation for a foundation, cellar, or basement of a building or subsurface sewage treatment system, if such work has been properly permitted.
(2) Excavation by state, county, city, or township authorities in connection with construction and maintenance of roads, highways, bridges, or utilities conducted solely within the permanent easement areas or rights-of-way.
(3) Grading and removal of materials in accordance with the development of an approved plat or development, if the activity was reviewed as part of the approval process.
(I) Annual report. All property owners and operators with an active conditional or interim use permit, regardless of when the permit was issued, for mining shall submit for the previous year an annual report, on a form as provided by the Office of Planning and Zoning, to the Zoning Administrator in paper and electronic portable document format ("pdf") on or before January 31 of each year. The annual report form shall include at a minimum the following:
(1) The actual rate of mining and the remaining minable reserves which includes at a minimum the operating life of the mine, including the rate of mining and anticipated changes in that rate, and the factors used to determine the minable reserves and changes which would expand or diminish such reserves;
(2) The actual mining activities including the types, amounts, sequence, and schedule for mining the material on site and stockpiling materials, including the distinctions among all aggerate resources and waste material;
(3) The actual reclamation activities including the methods, sequence, and schedules of reclamation which address the goals and meets the requirements of this chapter and any conditions of the permit held on file with the Wright County Office of Planning and Zoning; and
(4) The amount and type of imported aggregate and imported material brought to the property; and
(5) A map which depicts the status of mining, construction, reclamation, and watershed modifications, at a scale which is normally used by the operator for the mine planning purposes, which:
(a) defines the shape and extent of the aggregate material which will support the operating life of the mine; and
(b) identifies all known and inferred mineral reserves or resources which are located within the mining area but which have not been included as part of the mining plan;
(c) identifies lands proposed for use as vegetative reference and screening areas, depict the detailed drainage patterns for waters which may contact leachable materials; and
(d) depicts at appropriate intervals, approved by the Zoning Administrator, the status of: all mining (including shape, extent, and content) and reclamation (including contouring, dust control, temporary stabilization, vegetation, and deactivation) of each: stockpile, basin, mine, drainage control, settling basin, and auxiliary facilities.
(6) Failure to timely file an annual report is prima facia evidence that the gravel operation is inactive.
(Ord. 18-4, passed 6-19-2018; Ord. 23-1, passed 5-2-2023)