(A) The application for a conditional use permit for a mining operation must be filed with the Zoning Administrator. The Zoning Administrator shall follow procedures prescribed in §
159.024 of the City Zoning Regulations. Applications for renewal for a permit must be made 90 days prior to the termination of the previous permit. The application must be made in the name(s) of the operator of the mine and owner of the land to be mined.
(Prior Code, Ch. 901 § 5.1)
(B) The application shall contain the following:
(1) The name and address of the operator and owner of land;
(2) An accurate legal description of the property where the mining shall occur;
(3) Names of the adjacent landowners including all those within a 500-foot radius of the property;
(4) Survey indicating property boundaries;
(5) A map of the property where the mining is to occur that clearly indicates the property lines and the limits of the proposed excavation. Topographic data, including contours at 2-foot vertical intervals; watercourses, marshes, wooded areas, rock outcrops, power transmission poles and lines, and other significant features shall also be shown. U.S.G.S. datum shall be used for all topographic mapping. Existing operations which previously had topographic data completed at 4-foot intervals are acceptable, provided they were done utilizing aerial photography or actual field investigation. Interpolated data from U.S.G.S. quadrangle maps is not permitted;
(6) A narrative outlining the type of material to be excavated, mode of operation, an estimate of amount of material to be removed, plans for blasting, and other pertinent information to explain the request in detail;
(7) A fee as established by ordinance of the City Council;
(8) A general location map showing the proposed mining site in relation to the city;
(9) A map showing access routes between the property and the nearest arterial road;
(10) Roads or streets: show name, right-of-way width and traveled portion width;
(11) Easements: show widths and identify utility or other purposes;
(12) Natural land features: show location of watercourses and drainage ways, flood of record, wetlands, sinks, basins, and wooded areas;
(13) Man-made features: show buildings and other structures, dams, dikes, and impoundments of water;
(14) Adjacent land features: all of the standards above shall apply to delineation of the area within 300 feet of the perimeter of the mined area. In addition, show all platted subdivision lots, metes and bounds parcels, and all homes within 1/4 mile of the property boundaries;
(15) Groundwater: a plan for groundwater quality protection shall be submitted with the application. The plan shall include a minimum of 3 borings showing depth to groundwater. If groundwater is not encountered at a depth of 15 feet below the bottom of the proposed pit floor, the applicant need not extend borings any further;
(16) Cross-section: a minimum of 3 cross-sections showing the extent of overburden, extent of sand and gravel deposits, the water table, and any evidence of the water table in the past. The Planning Commission reserves the right to require additional borings if necessary;
(17) Processing areas shall be identified and boundaries shown to scale;
(18) Access road to processing and mining areas shown to scale;
(19) Sequences of operation showing approximate areas involved shall be shown to scale and serially numbered with a description of each;
(20) Location of screening berms shall be shown to scale, and notes shall be provided indicating when they will be used as reclamation material. In the same manner overburden storage areas shall be identified and noted;
(21) Fences and gates shall be shown on the site map, and their type or construction shall be described;
(22) Proposed location of principal service or processing buildings or enclosures shall be shown, as well as location of settling basins and process water ponds;
(23) Site drainage features shall also be shown and flow directions indicated;
(24) Lighting: set forth the planned lighting of the area and any other equipment or structures that will be installed or built;
(25) Reclamation plan in conformance with §
156.18;
(26) The operator must indicate if blasting is proposed as part of the mining operation and frequency of blasting; and
(27) Any other information or reports the Planning Commission deems necessary for purposes of evaluating environmental or aesthetic impacts.
(Prior Code, Ch. 901 § 5.2)
(C) A mandatory Environmental Assessment Worksheet (EAW) shall be required for development of a facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals which will excavate 40 or more acres of land to a mean depth of 10 feet or more during its existence. The city will be responsible for the hiring of a firm to prepare an Environmental Assessment Worksheet. Costs associated with the preparation of an Environmental Assessment Worksheet shall be borne by the applicant.
(Prior Code, Ch. 901 § 5.3)
(D) A mandatory Environmental Impact Statement (EIS) shall be required for the development of a facility for the extraction or mining of sand, gravel, stone, or other nonmetallic minerals, which will excavate 160 acres of land or more to a depth of 10 feet or more during its existence. The city will be responsible for the hiring of a firm to prepare an Environmental Assessment Worksheet. Costs associated with the preparation of an Environmental Assessment Worksheet shall be borne by the applicant.
(Prior Code, Ch. 901 § 5.4)
(E) (1) The maximum depth of excavation shall be established so that groundwater quality is protected. This depth of excavation shall be established by the Planning Commission and will be based, in part, upon soil characteristics, depth of water table, nature of mining proposed and local use of the aquifer. Mining shall not occur in confined aquifers. Excavation into unconfined aquifers must be closely monitored and conducted according to the conditions of the permit.
(2) No extraction operations shall be conducted in such a manner as to permanently lower the water table of surrounding inhabited properties or any other water body. An Environmental Assessment Worksheet shall be required for any operation in which mining is proposed below the groundwater level.
(Prior Code, Ch. 901 § 5.5)
(F) All provisions of the Minnesota Environmental Quality Board (EQB) Environmental Review Program must be complied with.
(Prior Code, Ch. 901 § 5.6)
(G) Permits from the Minnesota Pollution Control Agency may be required for a mining operation in relation to air and water quality. An air quality permit may be necessary for smoke stack discharges from processing plants or fugitive dust from operating areas. If the mining operation discharges water (from pit de-watering and/or gravel washing), a state disposal system permit or a national pollution discharge elimination permit may be necessary from the Minnesota Pollution Control Agency. As a condition of any permit issued pursuant to this chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary.
(Prior Code, Ch. 901 § 5.7)
(H) Permits from the Minnesota Department of Natural Resources may be required in the event any type of work is proposed in public waters or if there is a need for de-watering the pit to gain access to sand, gravel, and rock. A permit may also be needed for a well in connection with a washing facility. As a condition of any permit issued pursuant to this chapter, no mining will be allowed until evidence is shown the operator has obtained these permits or none are necessary.
(Prior Code, Ch. 901 § 5.8)
(I) A mining permit must be secured from the city in which the property to be mined is located or the applicant must present evidence a permit is not needed.
(Prior Code, Ch. 901 § 5.9)
(J) Any mining operation having access from a state or county highway must obtain an access permit from the respective agency. A turn lane and/or bypass lane may be required by the respective agency to reduce the risk of traffic safety hazards. The cost of construction of a turn or bypass lane shall be the sole expense of the operator.
(Prior Code, Ch. 901 § 5.10)
(K) As part of the original application for a mining permit and any subsequent renewals, the applicant shall submit grading plans and phased rehabilitation plans to the Washington County Soil and Water Conservation District and the appropriate Watershed District or Water Management Organization for approval. Their approval shall be made prior to the recommendation of the Planning Commission or City Council approval.
(Prior Code, Ch. 901 § 5.11)
(L) Abandoned wells must be sealed in accordance with state, county, and city requirements.
(Prior Code, Ch. 901 § 5.12)
