The following operating conditions and standards must be met for all mining operations.
(A) Setbacks. No mining, stockpiling, or land disturbance shall take place:
(1) Within 50 feet of adjoining property lines;
(2) Within 200 feet of any existing occupied structures not owned by the operator or owner;
(3) Within 100 feet of any contiguous property subdivided into residential lots;
(4) Within 100 feet of any road right-of-way of any existing or platted street, except the amount of material stockpiled on the effective date of this chapter may continue but not be expanded. Mining may be allowed up to 50 feet of the road right-of-way so long as the property is restored to 100 feet within 1 mining season period, as set forth in the approved reclamation plans; and
(5) If 2 or more mining operations are contiguous to one another, the common boundary may be mined if the Planning Commission approved the respective restoration plans.
(B) Fencing. Where deemed necessary by the Planning Commission/City Council for the protection of the general public, a fence shall be constructed prior to the commencement of the operation, enclosing the area authorized by the permit to be mined. Where fencing is required by the Planning Commission/City Council, the fence shall be, at a minimum, a 3-strand wire fence, and the fence shall be posted with warning signs. The Planning Commission/City Council reserves the right to require alternative fencing standards if conditions warrant. The fence shall be maintained and shall remain until reclamation is determined to be complete.
(1) Those portions of the mining operation consisting of excavating, stockpiling, processing, or hauling shall be conducted only between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday, unless other hours or days of operation are specifically authorized by the local City Council. No such operations shall be allowed on holidays unless approved by the local City Council.
(2) Retail sales of product are allowed on Saturdays between the hours of 8:00 a.m. and 5:00 p.m. unless otherwise prohibited by the local City Council.
RETAIL SALES for the purposes of this section shall mean the sale of product to individuals for personal use and shall exclude commercial hauling.
(3) Blasting shall only take place between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday. Blasting is not permitted on holidays.
(1) Where deemed necessary by the Planning Commission/City Council, extracting and processing operations shall be screened or located in such a manner so as to minimize their visual impact on surrounding properties. To minimize their visual impact on surrounding properties, a continuous screen shall be installed and maintained, either along the street or along the perimeter of the visible portion of the area being operated.
(2) The following shall serve as the minimum performance standards and may be varied as determined by the Planning Advisory Commission: The screen shall have a total height of not less than 6 feet and shall consist of the following types:
(a) Walls. A wall shall consist of concrete, stone, brick, tile, or similar type of solid masonry material a minimum of 4 inches thick.
(b) Berms. A berm shall be constructed of earthen materials, and it shall be landscaped.
(c) Fences, solid. A solid fence shall be constructed of wood and shall form a continuous screen.
(d) Fences, open. An open weave or mesh-type fence, when not used in combination with a berm, shall be combined with plant materials to form a continuous screen.
1. Plant materials, when used as a screen, shall consist of dense evergreen plants or a majority of dense evergreen plant materials combined with deciduous plants, provided a continuous screen is established. They shall be of a kind or used in such a manner so as to provide a continuous screen 24 months after commencement of operation in the area to be screened. Plant materials shall not be limited to a maximum height. The design shall be prepared by a licensed landscape contractor or an architect.
2. The city shall require that either division (D)(2)(a), (b), or (c) above shall be installed if, after 24 months after commencement of operations in the area to be screened, plant materials have not formed an opaque screen, or if an opaque screen is not maintained.
1. Required screening shall be set back at least 20 feet from the point of intersection of:
a. A vehicular access way or driveway and a street.
b. A vehicular access way or driveway and a sidewalk; and
c. Two or more vehicular access ways, driveways, or streets.
2. Required screening shall be installed prior to commencement of operations.
(E) Dust control. The owner must construct, maintain and operate all equipment in such a manner as to minimize on-site and off-site dust conditions. All operations shall meet the standards of the State Pollution Control Agency. The driveway access to the sand and gravel operation must be set back at least 25 feet from neighboring property lines. The operator shall maintain all ways and roads within the site in a dust-free condition, providing the surfacing or other treatment as may be deemed necessary by the Planning Commission/City Council; provided that the treatment produces no potential pollution hazards to the ground and surface waters of the area. All gravel pit access roads shall be provided and maintained with a dustless non-oiled surface not less than 22 feet wide from the connection to a public road to a point within 100 feet of the loading area. Access roads shall also be constructed and maintained in such a manner that the deposit of earth materials on public roads is minimized. The Planning Commission/City Council may require a blacktopped road if deemed necessary.
(F) Noise. All equipment and other sources of noise must operate so as to be in accordance with federal, state, and county noise standards.
(G) Depth of excavation. The maximum depth of excavation may be regulated based on groundwater protection and/or the ability to restore the property.
(H) Site clearance. All stumps and other debris resulting from the excavation or related activities should be disposed of by approved methods.
(I) Appearance/condition. The operator must maintain buildings and plants in a neat condition. Weeds and other unsightly or noxious vegetation shall be controlled as necessary to preserve the appearance of the landscaped area. Existing trees and topsoil along existing public right-of-way shall be preserved, maintained and supplemented for the depth of the setback or as stipulated in the conditional use permit or excavation permit.
(J) Sewer. The operator shall provide for adequate drainage to sanitary sewer and storm sewer including lift stations, if necessary.
(K) Waste disposal. Any waste generated from the mining operation, including waste from vehicle or equipment maintenance, shall be disposed of in accordance with federal, state, and county requirements.
(L) Water quality monitoring. Water quality monitoring when required shall conform to the following standards: Water from monitoring wells and water collected or discharged from the mining area shall be analyzed until 1 year after reclamation is completed. Samples from monitoring wells shall be taken and testing results submitted prior to the annual permit renewal. More frequent monitoring may be required by the Planning Commission/City Council. Sampling and testing shall be done by an independent testing laboratory or an agency chosen by the Planning Commission/City Council. Monitoring wells shall be sealed 1 year after reclamation efforts are complete if the site is determined to be uncontaminated. Water samples shall be analyzed to determine the level of nitrates, pesticides, herbicides, and volatile organic compounds specified by the city.
(M) Added provisions. The operator must comply with such other requirements that the city, from time to time, may find necessary to adopt for protection of the health, safety, welfare, and prevention of nuisances in the area.
(N) Processing. Any mining operation in which processing is proposed must meet the following performance standards:
(1) A conditional use permit is required for any new or existing mining operation which desires to add processing equipment on-site.
(2) The application must include the nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water.
(3) Operators who wish to have processing equipment on a temporary basis (processing to be done no more than 15 working days a calendar year, excluding time for assembly and disassembly) shall meet the following criteria:
(a) Only materials removed on site are allowed to be processed. No materials may be hauled onto the property for processing, unless all material can be processed during the 15-day time period.
(b) Setbacks as outlined in division (A) of this section must be met.
(c) All federal, state, and local air, water, and noise standards must be met.
(d) Operator must notify the city 1 week in advance and obtain a certificate of compliance/city permit from the Zoning Administrator.
(e) Processing shall not take place more than 15 working days per year.
(f) Crushing equipment must be placed in the bottom of the pit area if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact.
(4) Operators desiring to have permanent processing equipment (more than 15 days per year) on site must meet the following standards:
(a) All federal, state, and local air, water, and noise quality standards must be met.
(b) Mining operations established after the effective date of this chapter must encompass at least 40 acres of land area under permit.
(c) Processing equipment must be screened from view from property lines and the road.
(d) Machinery must be buffered and all noise standards of the state and county must be met.
(e) Crushing equipment must be placed in the bottom of the pit if practical, otherwise located in such a manner as to have the least environmental and aesthetic impact.
(f) Setback requirements as set forth in division (A) of this section must be met.
(5) A temporary processing plant in conjunction with a specific road project, located in the right-of-way or very close proximity to the subject road, will be allowed subject to the following conditions:
(a) All federal, state, and local air, water, and noise quality standards must be met.
(b) A certificate of compliance/city permit must be obtained from the City Zoning Administrator.
(c) The processing equipment must be located so as to minimize the effect on surrounding property owners.
(d) Site selection shall not have a negative effect on the public health, safety, and welfare.
(e) The City Council must approve the request.
(f) The processing plant shall not be on the property for more than 120 calendar days.
(g) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining.
(h) A bond, in an amount determined by the Zoning Administrator, must be posted to assure restoration of the site.
(O) Recycling. The crushing/processing of used aggregate, concrete and asphalt will be permitted subject to the following conditions:
(1) Recycling in conjunction with a specific road project and within the right-of-way or in very close proximity to the subject road shall be permitted for a maximum of 120 days subject to the following standards:
(a) A certificate of compliance/city permit is obtained from the City Zoning Administrator.
(b) The processing equipment must be located so as to minimize the effect on surrounding property owners.
(c) Site selection shall not have a negative effect on the public health, safety, and welfare.
(d) The City Council must approve the request.
(e) If the Zoning Administrator denies the certificate of compliance/city permit, appeal of this decision may be made to the City Council.
(f) All federal, state, and local air, water, and noise standards must be met.
(2) Recycling in conjunction with an approved mining permit shall be allowed subject to the following conditions:
(a) Standards contained in division (N) of this section must be met.
(b) An estimate of the amount of material to be processed must be submitted. The pile of material to be recycled shall be limited to the amount that can reasonably be processed in 2 consecutive mining seasons.
(c) City Planning Commission/City Council approves the recycling as part of the mining permit.
(P) Trucking operations. All new mining operations must have access to the pit area from a 9-ton blacktop road unless the applicant demonstrates to the Planning Commission/City Council that conditions are such in a particular area that access to a gravel road will not adversely affect the public health, safety or welfare. The operator shall ensure all loads leaving any pit regulated by this chapter are loaded so as to comply with state law.
(Q) Asphalt plants and concrete ready mix plants. A conditional use permit shall be required for any new or existing mining operation that wishes to have a permanent asphalt plant and/or a concrete ready mix plant. These plants are intended to manufacture only bituminous asphalt mix and concrete mix for distribution off-site. No retail sales of the product are allowed on-site. Temporary asphalt plants and concrete ready mix platens may be allowed if the following conditions are met.
(1) Operators desiring to have a temporary asphalt plant and/or a concrete ready mix plant must meet the following standards:
(a) Asphalt plants and concrete ready mix plants must not be on the property for more than 15 days per year.
(b) All setbacks as set forth in division (A) of this section must be met.
(c) All federal, state, and local air, water, and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency.
(d) In the absence of a definitive plan to prevent surface and groundwater contamination, asphalt plants must be equipped with a bag house so there is no water discharge from the unit.
(e) Equipment must be located in such a manner so as to have the least environmental and aesthetic impact.
(f) Must have approval of the City Council.
(g) A certificate of compliance/city permit is obtained from the Zoning Administrator.
(2) Operators desiring to have a permanent asphalt plant and/or a concrete ready mix plant (more than 15 days per year) must meet the following standards:
(a) Asphalt operations and concrete ready mix plants established after the effective date of this chapter must encompass at least 40 acres under permit.
(b) All setbacks as set forth in division (A) of this section must be met unless it was in existence as a permanent asphalt plant on the effective date of this chapter; in which case, it cannot expand unless it complies with the setbacks set forth in division (A).
(c) All federal, state, and local air, water, and noise quality standards must be met. An air quality permit and/or a stormwater permit must be obtained from the Minnesota Pollution Control Agency.
(d) In the absence of a definitive plan to prevent surface and groundwater contamination, asphalt plants must be equipped with a bag house so there is no water discharge from the unit.
(e) Equipment must be screened and located in such a manner so as to have the least environmental and aesthetic impact.
(3) A temporary asphalt plant in conjunction with a specific road project will be allowed subject to the following conditions:
(a) All federal, state, and local air, water, and noise quality standards must be met. An air quality permit must be obtained from the Minnesota Pollution Control Agency.
(b) A certificate of compliance/city permit must be obtained from the Zoning Administrator.
(c) The processing equipment must be located in such a manner so as to have the least environmental and aesthetic impact.
(d) Site selection shall not have a negative effect on the public health, safety, and welfare.
(e) The City Council must approve the request.
(f) The asphalt plant shall not be on the property for more than 120 days.
(g) In the absence of a definitive plan to prevent surface and groundwater contamination, asphalt plants must be equipped with a bag house so there is no water discharge from the unit.
(h) No materials, outside of the designated right-of-way, may be excavated or removed from the site without a conditional use permit for mining.
(i) A bond, in an amount determined by the Zoning Administrator, must be posted to assure restoration of the site.
(R) Fuel storage. All on-site storage of fuel must meet federal, state, and local standards.
(Prior Code, Ch. 901 § 6.1)
