Loading...
ORD 94-04CITY OF OTSEGO COUNTY OF WRIGHT SUMMARY OF ORDINANCE NO. 94-4, MINING, WHICH REPEALS OTSEGO ORDINANCE NO. 9, MINING. At a regular session on March 28, 1994, the Otsego City Council adopted Ordinance No. 94-4 related to mining activities within the corporate boundaries of the City of Otsego. The Ordinance amended Ordinance No. 9 of the City of Otsego which pertained to excavations and mining, and establishing updated regulations for excavation and mining. The Ordinance will serve as a companion document to Ordinance No. 20-25, Land Excavation/Grading, which regulates smaller scale earthwork activities. The extraction of 500 cubic yards or more of material in a calendar year will be subject to the regulations as set forth in the Mining Ordinance. Extraction activities involving 50 cubic yards or more of material will still be subject to the regulations of the Land Excavation/Grading Ordinance. Activities which are exempt from the Mining Ordinance include certain activities for which building permits have been issued, certain utility work, certain roadwork, certain agricultural related activities and certain work related to the City's Subdivision Ordinance. The Mining Ordinance sets forth permit application policies, procedures, and requirements and also establishes standards involving extraction activities and site closure/rehabilitation. Mining activities will be subject to the review process associated with conditional use permits. Provisions for a fee structure based on an initial processing fee and also on a rate per cubic yard of material excavated are included in the document. The exact fees and rates will be determined by Resolution of the City Council. The complete Ordinance, along with permit application form and application procedures document, may be viewed from 8:OOAM to S:OOPM. Monday through Friday, at the Otsego City Hall. The City Hall is located at 8899 NE Nashua Avenue, Otsego, Minnesota. Phone: 441-4414 AT T: Y OF OTSEGO: WA—INE BEATTY, DEPUT CLERK/ZONING ADM. NORMAN F FRESKE, MAYOR (CITY SEAL) DATED: March 28, 1994 W4 CITY OF OTSEGO. COUNTY OF WRIGHT STATE OF MINNESOTA ORDINANCE NO. 94-4 AN ORDINANCE REPEALING ORDINANCE NO. 9 OF THE CITY OF OTSEGO PERTAINING TO EXCAVATIONS AND MINING AND AMENDING ORDINANCE NO. 9, THE CITY CODE, TO ESTABLISH UPDATED REGULATIONS FOR EXCAVATIONS AND MINING. THE CITY COUNCIL OF THE CITY OF OTSEGO ORDAINS AS FOLLOWS: Section 1. Ordinance No. 9 of the City of Otsego is hereby repealed. Section 2. Ordinance No. 9, the Otsego City Code is hereby amended to add the following: CHAPTER 9 MINING X-1-1: PURPOSE AND INTENT: The purpose of this Ordinance is to promote the health, safety and welfare of the community and to establish reasonable uniform limitations, standards, safeguards and controls for excavation and mining within the City. 1 X-1-2: DEFINITIONS: The following words, terms and phrases shall have the following meanings respectively ascribed to them: A. Mine or Excavation: Mine or excavation shall have the following meanings: 1. Any removal of the exposed layer of the earth's surface or the removal of any layer of soil under the exposed layer of the earth's surface, whether sod, dirt, topsoil, sand, gravel, soil, stone or minerals performed with the intent of moving the same to another site as a raw material or processed product. 2. Any area where the topsoil or overburden has been removed for the purpose of mining earthly deposits or minerals, yet the area has remained idle since the topsoil removal. 3. Any area that is being used for stockpiling, storage, and processing of sand, gravel, black dirt, clay and other minerals. B. Overburden: Those materials which lie between the surface of the earth and material deposit to be extracted. C. Rehabilitation: To renew land to self-sustaining long-term use which is compatible with contiguous land uses, present and future, in accordance with the standards set forth in this Chapter. D. Topsoil: That portion of the overburden which lies closest to the earth's surface and supports the growth of vegetation. X-1-3: PERMIT REQUIRED: Except as otherwise provided in this Chapter, it shall be unlawful for anyone to operate a mine or excavate without having first obtained a written permit from the City authorizing the same in accordance with this Chapter. Mining and excavation operations that predate this Chapter shall obtain a permit within six (6) months after the adoption of this Chapter. 2 X-1-4: EXEMPTIONS FROM PERMIT REQUIREMENTS: The following activities do not require a permit under this Chapter: A. Excavation for a foundation, cellar, or basement of a building if a building permit has been issued. B. Grading a lot in conjunction with building if a building permit has been issued. C. Excavation by the federal, state, county or city government in -connection with construction or maintenance of roads, highways, or utilities. This exemption applies only to federal, state, county or city government projects which have received plan and specification. approval by the City as part of their plan review process. D. Curb cuts, utility hookups, or street openings for which another permit has been issued by the city. E. Excavation or grading for agricultural purposes. F. Excavation or grading in accordance with a development contract approved under the city's Subdivision Ordinance. If the development contract requires that a letter of credit or other security be posted, the letter of credit or other security must be posted before any excavation takes place. G. Excavations of less than 500 cubic yards in a calendar year. X-1-5: APPLICATIONS FOR PERMITS; PROCEDURES, CONTENTS OF APPLICATIONS: A. An application for a mine or excavation permit shall be processed in accordance with the same procedures and requirements specified in the city code relating to conditional use permits. If conflicts occur between this Chapter and the requirements for a conditional use permit as defined by the City Code, this Chapter shall prevail. An application for a conditional use permit is also required to be submitted for mining activities in conjunction with an application for a mining permit. 3 B. An application for a mine or excavation permit shall contain: 1. A completed application form. 2. The required fees. 3. Cover sheet. a) General. The cover sheet shall be 22" x 34" in size and be utilized to depict general items relevant to the project and plan set. As a minimum, the cover sheet shall contain the following: 1) Title of the project. 2) Sheet index for the plan set. 3) Names, addresses and telephone numbers of the record owner(s), those in possession or vendees under contract for deed, any agent having control of the land, the applicant, land surveyor, geologist, engineer and preparer of the plan set. 4) A location or vicinity map, at a scale of 1 2000' or approved other, which depicts the project site relevant to major roadways and other significant surrounding features. A north arrow and scale shall be shown. 4. Site plan. a) General. A standard 22" x 34" plan sheet shall be utilizedfor depicting required site plan data. A grid shall be incorporated onto the site plan to establish a coordinate system for referencing specific items on the plan. The site plan shall be at a scale of 1 " = 50' with a contour interval of 1'. The site plan shall contain a north arrow, graphic scale, and date of preparation. b) Existing Conditions. As a minimum, the following items shall be depicted on the site plan: 1) Boundary lines to include bearings, distances, curve data and total acreage of the site. 2) Existing zoning classifications for land in and abutting the site. 4 3) Location, right-of-way width and names of existing or platted streets or other public ways, parks and other public lands, permanent buildings and structures, easements and corporate lines. The aforementioned items shall be shown for the site and of all land located within 350 feet of the boundary of the site. 4) Location and size of underground utilities, culverts and other below grade structures and facilities within the site area and to a distance of 100 feet beyond the site's boundaries. 5) Water courses, marshes, wooded areas, rock outcrops, power transmission poles and lines, telephone poles and lines and other related surface items which will affect the mining operation. 6) Location of exploratory subsurface borings and tests to ascertain subsurface soil, rock and groundwater conditions. This shall be done to augment test results submitted with the application. 7) 100 -year flood elevations, floodway and flood fringe areas. 8) Wetlands in or within 100 feet of the site. 9) Name, address and PID number of all property owners within three hundred and fifty (350) feet of the property if located within platted areas of the City or within five hundred (500) feet of the property if located in non -platted areas of the City. �I 10) A certificate of survey prepared by a professional land surveyor licensed in the State of Minnesota. The certificate shall include the legal description of the property, a signed statement of certification, the registration number of the preparer, and date prepared. C) Proposed Mining Features 1) Location of proposed permanent and temporary structures to be utilized in the operation. This shall include sanitary facilities, offices, trash receptacles, processing plants and living quarters. 2) Parking areas for employee vehicles and related equipment. 3) Vehicular circulation plan for the site. 4) Grading plan which depicts the limits of the material extraction from the site with a minimum of one (1) foot contours. 5) Intermittent erosion and sedimentation control method. 6) Location of temporary and permanent fencing and gates. 7) Drainage swales, culverts or other devices utilized for routing off-site flows around the site. 8) Those areas of the site to be utilized for storage of topsoil and overburden. 9) Yearly limits of extraction if operation is scheduled to last longer than one year. C" 5. Closure/Rehabilitation Plan. a) The closure/rehabilitation plan shall contain the same information as required for the site plan without showing the proposed mining features. The plan shall contain the following additional items: 1) Proposed final contours at one foot intervals. Typical grades shall be noted for all slopes. 2) Those areas of the site to be utilized for storage of topsoil and overburden if staged restoration is planned. 3) Areas of revegetation shall be noted. Areas to be landscaped and type of landscaping shall be noted. 4) Limits of staged restoration if mining operations are scheduled to last longer than one year. 5) All items required by the current City of Otsego Zoning Ordinance for the proposed use of the land. 6) The closure/rehabilitation plan shall be updated and submitted as an "as -built" drawing upon completion of site restoration procedures. 6. Cross -Sections. Cross sections shall be drawn to depict pre -mining grades, proposed post -mining grades and proposed closure/ rehabilitation grades. Cross sections shall be drawn both horizontally and vertically with reference to the site plan grid. Cross sections shall be evenly spaced across the extraction site as depicted on the site plan and have an interval spacing of 50 feet maximum. A minimum of three cross sections each way shall be depicted. 7 All cross sections shall be referenced to the grid system shown on the site plan. The scale for the cross sections shall be 1 " = 50' horizontal and 1 " = 5' vertical. Cross sections shall be drawn on 22" x 34" mylar. The cross sections shall be updated and resubmitted upon completion of mining or extraction operations and upon completion of closure/rehabilitation procedures. 7. Traffic Control Plan. A traffic control plan shall be submitted for all operations which will access onto a public roadway. The traffic control plan shall conform substantially to the latest edition of the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways as published by the Minnesota Department of Transportation. The plan shall be prepared by a professional civil engineer and contain the following: a) General. A standard 22" x 34" plan sheet shall be utilized to depict the following information: 1) North arrow 2) Scale 3) Title block 4) Name, address, telephone number, and registration number of person responsible for preparing the plan. 5) Location map b) Plan The plan portion of the traffic control plan shall depict the following: 1) Roadway right-of-way width for all affected roadways. 2) Roadway width and asphalt width of all roadways affected. 8 3) Location and type of traffic control signs, signals, markings, barricades, channelizing devices, lighting devices and flagging personnel. Location shall be in reference to roadway intersections and type shall reference the Mn/MUTCD. 4) Notes referencing minimum mandatory requirements as dictated by the Mn/MUTCD. 5) Details for each type of traffic control sign or device utilized. 8. Narrative a) A narrative shall be provided to augment the required plan sheets. The narrative shall be prepared, signed and dated by a professional civil engineer. The narrative shall be titled, dated and referenced to the permit application. As a minimum, the following items must be discussed in the narrative: 1) A time schedule for completion of all mining related activities. This shall include the start date, extraction completion date, and final closure/rehabilitation date. A schedule of typical hours of operation during the day shall be discussed, typical days of the week and typical weeks of the year shall be submitted. 2) A description and quantity of material to be excavated. This shall be documented by a sieve analysis, test hole logs and gradation curve performed by certified and independent testing laboratory. The quantity of material shall be on a per year basis if mining operations are scheduled to last longer than one year. 3) The depth of the water table throughout the area. This shall be documented by boring logs recorded by a certified and independent testing laboratory. 0 4) The purpose and plan of operation. This shall include a description of the nature of any plants, source of water and means of water disposal. 5) Travel routes to and from the site. This shall be augmented with a legible sketch depicting the same. 6) A plan for drainage control. This shall include an analysis of the impact of the mining operation on the watershed drainage. Drainage calculations utilizing the SCS method of determining flows and pond sizing shall be provided for review. 7) A plan for mitigating water runoff erosion shall be detailed for the site. This shall include erosion control methods to be utilized during the mining operation and during rehabilitation of the site. A material list shall be provided for a typical erosion control strategy. The proposed use of silt fences, straw bales, etc. shall be discussed. 8) A dust control strategy shall be discussed and include the following: Type of equipment to be utilized, supply of water or other dust - preventative material to be utilized, where equipment is to be stored and location of water supply. These items shall be discussed as they apply to the site and to haul routes and streets. 9) A street maintenance and haul material spill clean up plan. This shall include equipment such as shovels, brooms, etc. which will be utilized for off-site cleanup. The location that vehicles and equipment will be stored. The personnel to be utilized for spill cleanup (ie, will the same personnel utilized for mining operations be utilized for cleanup operations?). Typical schedules for maintenance of streets and roadways shall be discussed. 10 10) A plan for storing topsoil and preventing wind erosion of the same. 11) A plan for preventing wind erosion at the site. This shall include standard details depicting erosion control methods such as blankets, dust prevention materials, etc. 12) A discussion of the proposed use of the land following closure/rehabilitation of the site. 13) A closure/rehabilitation plan which will provide for the orderly and continuing rehabilitation of all disturbed areas. Typical details may be included and the site rehabilitation plan referenced in the narrative. The narrative shall discuss, as a minimum, the following:! i) If fill material is to be imported to eliminate low areas, a gradation curve shall be provided for the imported soil. ii) The type and extent of landscaping to be utilized. iii) The timetable for which site closure/ rehabilitation is to occur. This shall include dates for finalizing grading, dates for planting and seeding, and dates for completion of erosion control methods. A generalized schedule shall be provided describing frequency of return visits to the site for continuing maintenance. If mining operations are scheduled to continue longer than one year, a staged restoration plan shall be discussed. iv) The type of erosion control and sedimentation control to be utilized between final grading and turf establishment. 11 14) Special conditions which may be specific to the site. 9. Attachments. a) The following shall be attached to the application for permit: 1) Soil logs. Soil logs shall be prepared by a certified and independent testing agency. The test bores shall be performed in the quantity required by this regulation. Each test bore shall show, as a minimum requirement, the following: i) Depth of bore. ii) Soil stratifications. iii) Type of soil for each stratification. iv) High water mark. V) Existing water table. 2) Sieve analysis. A sieve analysis shall be performed at each test bore location on the material to be mined. A gradation curve shall then be plotted and the results submitted with the soil logs. 3) A certified abstract listing the names of all landowners owning property within three hundred -fifty feet of the boundary of the subject property if located within platted areas of the City or within five hundred feet of the property if located in non -platted areas of the City. 12 4) A written right -of -entry which cannot be terminated for one year after the anticipated closure date to the city for its officers or agents to enter the land for the purpose of determining compliance with all applicable conditions imposed on the operation. The right -of -entry shall be submitted with the application for permit. One set of keys to locked gates utilized for limiting site access shall be delivered to the City. 5) The plan set shall be submitted to all affected agencies for their review and comments related to the proposed mining activities. The applicant shall be responsible for submitting any other required items to the individual agencies for their review. Prior to a mining permit being issued, comment letters must be received from the following agencies: i) Wright County Highway Department ii) Minnesota Department of Natural Resources iii) Minnesota Pollution Control Agency iv) Minnesota Department of Transportation V) United States Army Corps of Engineers vi) Other affected agencies 6) A complete photographic log shall be submitted with the application for permit by the operator. Photographs shall be taken at close enough range to allow for details of key items to be identified. A legend shall be supplied with each photograph describing the view depicted. Each photograph shall contain a point of reference which will not be disturbed during mining operations for later use in site Analysis. The photographs shall detail the following: i) Existing on-site conditions and significant features. ii) Site perimeter with views depicting adjacent properties. 13 it iii) Downstream drainage facilities which may be affected by mining operations. iv) Site access and views of the roadway accessed in the immediate vicinity of the access point. X-1-6: COUNCIL REVIEW AND APPROVAL OF OVERALL PLAN: A. The City Council shall review the permit application and shall approve the permit if it is in compliance with this chapter, the City's Zoning Ordinance and other applicable laws, ordinances, and regulations. The Council may attach conditions to the permit approval to promote safety and prevent nuisance conditions. The rehabilitation plan shall only be approved if it is consistent with the uses allowed in the city's Comprehensive Plan and Zoning Ordinance. X-1-7: TERMINATION OF PERMIT: A. The material extraction permit may be terminated for violation of this chapter or any conditions of the permit. No permit may be terminated until the City Council has held a public hearing to determine whether the permit shall be terminated, at which time the operator shall be afforded an opportunity to contest the termination. The City Council may establish certain conditions, which if not complied with, will result in immediate suspension of operations until the public hearing to consider termination of the permit can be held. Should the operator, for whatever reason, continue operations after termination or suspension of the permit, said operator shall be responsible for all costs, including reasonable attorney's fees, expended by the City in enforcing the terms and provisions of this Ordinance. B. The permit shall terminate on the date specified by the applicant on the application for permit. C. It shall be unlawful to conduct mineral extraction or excavation after a permit has been terminated or suspended. 14 X-1-8: PERMITS; RENEWAL; CONDITIONS: A. Request for renewal of a permit shall be made sixty (60) days prior to the expiration date. If application or renewal is not made within the required time, all operations shall be terminated, and reinstatement of the permit may be granted only upon compliance with the procedures set forth in this chapter for an original application. B. A permit may be approved or renewed subject to compliance with, conditions in addition to those set forth in this chapter when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this chapter. When such conditions are established, they shall be set forth specifically in the permit. Conditions may, among other matters, limit the size, kind or character of the proposed operation, require the construction of structures, require the staging of extraction over a time period, require the alteration of the site design to ensure compliance with the standards, require a financial guarantee by the operator to ensure compliance with these regulations in this article or other similar requirements. X-1-9: ISSUANCE OF PERMIT IMPOSES NO LIABILITY ON CITY AND RELIEVES THE PERMITTEE OF NO RESPONSIBILITIES, ETC.: Neither the issuance of a permit under this section, nor compliance with the conditions thereof or with the provisions of this section shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property; nor impose any liability or damage to persons or property. A permit issued pursuant to this section does not relieve the permittee of the responsibility of securing and complying with any other permit which may be required by any other law, ordinance or regulation. X-1-10: FEES: Fees shall be required for the examination and review of applications for permits and the inspections of mining operations for compliance with the conditions of this Ordinance. A fee shall be paid at the time of application for permit. A fee based upon the quantity of material removed from the site as a result of the mining operation shall be paid according to the appropriate schedule listed below: A. If mining operations are scheduled to continue for a period of time less than one year, the fee shall be paid within thirty days of completion of mining activities. 15 B. If mining operations are scheduled to continue for a period of time longer than one year, a fee shall be paid prior to January 31 each year for materials removed from the site prior to December 31 of the previous year. A fee shall be paid within thirty days of completion of mining activities for materials removed that calendar year. The fee shall be paid at a rate per cubic yard of material excavated. The amount of material excavated shall be rounded up to the nearest 1000 cubic yards and multiplied the rate to determine the required fee. The quantity of material excavated shall be substantiated and certified by the applicant's engineer. Quantity calculations based upon pre -mining site conditions and current topographic data shall be submitted with each payment for City review. The initial fee and rate per cubic yard of material excavated shall be determined by resolution of the City Council. The City Council may change the initial fee and rate per cubic yard of material excavated, from time to time, also by resolution. Such initial fees and fees related to the rate per cubic yard of material removed shall be paid to the City and deposited to the credit of the general fund. X-1-11: FINANCIAL GUARANTEE: Prior to the approval and issuance of a permit, there shall be executed by the operator and submitted to the City Clerk an agreement to construct such required improvements, to dedicate such property or easements if any, to the City and to comply with such conditions as may have been established by the City Council. Such agreement shall be accompanied by a financial guarantee acceptable to the City Zoning Administrator in the amount of the established costs of complying with the agreement. The said guarantee shall be in the form of a certified check or irrevocable letter of credit, and shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time approved by the City Council. The adequacy, conditions and acceptability of any certified check or irrevocable letter of credit shall be determined by the City Zoning Administrator and shall be reviewed annually by the City. The City may direct the amount of the financial guarantee to be increased to reflect inflation or changed conditions. The City shall determine the required amount of the financial guarantee based upon the cost or value of the work to initiate mining operations, continue mining operations and complete closure/rehabilitation procedures. 16 X-1-12: STANDARDS - EXTRACTION SITE LOCATION: Operations permitted under this section shall not be conducted within: A. Fifty (50) feet of an existing street or highway; B. Thirty (30) feet of the right-of-way on an existing public utility; C. Fifty (50) feet of the boundary of any zone where such operations are not permitted; or D. Thirty (30) feet of the boundary of an adjoining property -not in mining use; or as directed by the City Council. X-1-13: SOILS INVESTIGATIONS: A soils study shall be performed to aid in the analysis of the application for permit. Test borings shall be performed on the proposed mining site to determine the subsurface conditions which exist at the site. The number of test bores required shall be determined by the amount of land affected by the mining operations. Three test bores shall be excavated for each site. One additional test bore will be required for each acre of land affected by the mining operation. Test bores shall extend to five feet below the lowest limits of the proposed mining excavation or to the water table. The following information shall be noted at each test bore location: A. Depth of bore. B. Depth to high water mark. C. Depth to water table. D. Soil stratification and soil type within each stratification. Thickness of each strata. A sieve analysisshallbe performed at each test bore on all materials to be removed from the site. A gradation curve shall be developed based on the sieve analysis. All test results shall be submitted to the City for use in reviewing the application for permit. X-1-14: FENCING: Where mining operations are to continue for a period of one year or longer or are located in or adjacent to a residential district, perimeter fencing of the extraction site will be required. A lockable gate will be provided across the access to the site. The gate shall be locked when mining operations are not in progress. The perimeter fencing and gate construction shall conform to Section 2557 of the Standard Specifications for Construction and Supplemental Specifications as published by the Minnesota Department of Transportation. 17 The perimeter fencing and gate shall be woven wire fence in accordance with standard plate No. 9320G of the Minnesota Department of Transportation Standard Plates Manual. Temporary safety fencing shall be required where unsafe conditions warrant and are expected to last less than five days. If unsafe conditions last longer than five days, perimeter fencing shall be installed. Unsafe conditions shall be considered as follows: A. Where collections of water are 1-1/2 feet in depth or greater. B. Where slopes exceed three feet horizontal to one foot vertical. C. Where machinery is left unattended for more than eight hours. D. Other similar situations deemed hazardous by the City's engineer. Temporary safety fencing may be snow fencing 40" high or other fencing approved by the City's engineer. Perimeter fencing maybe required by the City's engineer if unsafe conditions warrant. X-1-15: APPEARANCE AND SCREENING AT THE EXTRACTION SITE: The following standards are required at the extraction site of any operation permitted under this article: A. Machinery shall be kept in good repair; B. Abandoned machinery, inoperable equipment and rubbish shall be removed from the site at the end of each days operations; C. All buildings and equipment that have not been used fora period of one (1) year shall be removed from the site; D. All equipment and temporary structures shall be removed and dismantled no later than ninety (90) days after termination of the extraction operation and expiration of the permit; E. Where practical, stockpiles of overburden and materials shall be used to screen the extraction; F. The perimeter of the site shall be planted or otherwise screened when such is determined by the City Council to be necessary; G. Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting of trees, shrubs, and other ground cover along all setback areas. X-1-16: OPERATING STANDARDS AND REQUIREMENTS: The following operating standards and requirements shall be observed at the extraction site at all times. Failure to comply with any of the following items constitutes a violation of a mining permit and is cause for termination of the permit. A. Noise: All equipment used in conjunction with the mining operation shall be constructed, maintained and operated in such a manner as to minimize noise levels at and adjacent to the site. The maximum noise level at the perimeter of the site shall be within the limits set by the Minnesota Pollution Control Agency and the Federal Environmental Protection Agency. If a violation is suspected or known to exist, the Mn/PCA will be notified and mining operations terminated. B. Hours of Operation: Extraction and hauling operations shall be performed only between the hours of 7:00 a.m. and 6:00 p.m. No work shall be performed on Saturdays, Sundays or holidays. Written permission must be obtained from the city for a variance to these conditions. Permission is not required for minor work which may be required to insure safety at the site. C. Air and Water Pollution: Operators shall comply with all applicable city, county, state and federal regulations for the protection of air and water quality. Minnesota Pollution Control Agency regulations for the protection of air and water quality shall be observed. No waste products shall be deposited into any lake, stream or natural drainage system. All wastewater shall pass through a sedimentation basin before drainage into a stream. Downstream drainageways affected by sedimentation due to the mining operation shall be dredged and restored by the operator. If a violation is suspected or known to exist, the Mn/PCA will be notified and mining operation terminated. Sedimentation ponds, silt fences or straw bales shall be utilized to control sedimentation from the site. Methods of sedimentation control shall be depicted on the site plan. The narrative shall include calculations or explanations for the method utilized. D. Topsoil: All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the approved rehabilitation plan. Topsoil which is to be used shall be free of roots, brush, weeds, debris and stones larger than one inch in diameter. Topsoil shall be protected from erosion, degradation 19 and mixing with other on-site materials. Topsoil borrow, if required, shall be in accordance with the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3877. Topsoil shall be placed to an in-place depth of 4" over all areas requiring reseeding, resodding or other vegetative restoration. E. Dust Control: All equipment used in the mining operation shall be maintained and operated in such a manner as to minimize dust conditions which are annoying to adjacent property owners. The access to the site shall be paved, treated or watered in order to minimize dust conditions. The operator shall maintain a water truck or similar equipment which may be utilized for dust control at or near the site for the duration of the mining operation. A reliable source of water shall be obtained prior to mining operations commencing and be maintained during mining operations. Dust prevention and control measures shall be utilized at all times by the operator. If dust becomes a safety concern or a public nuisance, the City may order the operator to commence additional dust prevention measures or temporarily suspend mining operations. Citizen complaints will also serve as cause for the operator to affect additional dust control measures. Continued neglect of dust control by the operator shall be cause for termination of the mining permit. A dust prevention plan shall be outlined in the narrative to the application for permit F. Site Appearance: All buildings, structures and plants used for the mining operation shall be maintained in such a manner as to assure that they will not become dilapidated. Weeds and any other unsightly or noxious vegetation shall be cut or trimmed weekly or as necessary to preserve a neat appearance and to prevent seeding on adjoining property. Stockpile excavated materials in a manner that will cause the least amount of damage to adjacent lawns, grassed areas, gardens, shrubbery or fences. Nf� No trees, except those specifically shown on the approved site plan to be removed, shall be removed without the express acceptance of the city's engineer. G. Off -Site Protection and Traffic Control: The operator shall insure that no objectionable material will be allowed to blow from, wash off or drain off the subject property. If perimeter fencing is utilized, the operator shall insure that any objectionable materials lodged in the fence are removed daily. The operator shall police the site and surrounding areas at the end of each days operations. The operator shall take all precautions necessary to insure that streets and roads utilized for haul routes are not adversely affected by the mining operation. All spilled dirt, gravel or other foreign material caused by mining operations shall be thoroughly cleaned from all off-site streets and roads at the conclusion of each days operations. A more frequent cleaning of the streets may be required by the City's engineer if unsafe conditions are caused by spilled materials. A list of materials and equipment to be utilized for off-site cleanup is required to be submitted with the application for permit. If access from the mining operation is onto a public roadway, temporary traffic control shall be provided by the operator. Temporary signage shall conform to the latest edition of the Minnesota Manual on Uniform Traffic Control Devices for Streets and Highways as published by the Minnesota Department of Transportation. Temporary signage shall be placed prior to each days mining operations commencing and be removed upon completion of each days mining operations. An approved traffic control plan shall be delivered to local, county and state authorities having jurisdiction over the public roadway. If the mining operation changes off-site traffic conditions along the proposed haul route, traffic control shall also be provided by the operator. The maximum gross vehicle weight (fully loaded) of all trucks or tractor -trailer rigs to be utilized in conjunction with the mining operation shall be submitted in the narrative portion of the applications. The structural capacities of City roadways and bridges located along the proposed haul route shall not be exceeded. 21 H. Drainage: 1. On -Site Drainage: The operator shall insure that on-site drainage does not adversely affect the quality of surface or subsurface water. Sedimentation shall be controlled by means of ponds, silt fences or straw bales. If sedimentation ponds are utilized, the perimeter of the pond shall be enclosed with safety fencing. Erosion control measures shall be utilized to prevent deterioration of the site. 2. Off -Site Drainage: Off-site drainage shall not be allowed to flow across the mining site. A plan for routing off-site flows around the proposed site shall be submitted with the application for permit. The plan shall utilize the United States Department of Agriculture, Soil Conservation Service (SCS) Technical Release 55, Urban Hydrology for Small Watersheds (1986) method for determining flow quantities which will originate off-site. Historic flow rates (100 year event) shall not be exceeded at the release point of rerouted flows. Upon completion of mining operations, all previously existing drainage ditches, swales and culverts shall be reopened and grade and natural drainage restored. I. Sanitary Facilities: Sanitary facilities shall be maintained at the site and kept in a sanitary condition at all times. The temporary facility shall conform to code requirements and be acceptable to sanitary authorities. Upon completion of the mining operations, the sanitary facility shall be removed and the area restored to its original condition. J. Access: One access will be allowed for ingress and egress to and from the mining site. Additional access roads to the site may be constructed to allow emergency vehicles access to the site. These additional access roads shall not be utilized for the day to day affairs of the mining operation. Provisions shall be made for vehicular turn around and circulation within the site. K. Groundwater Table: Mining operations shall not occur below the level of the ground water table elevation as submitted in the soils report. 22 �V, X-1-17: REHABILITATION STANDARDS: The following rehabilitation standards shall apply to the site of any operation permitted under this chapter. A. Rehabilitation shall be a continuing operation occurring as quickly as possible after the extraction operation has moved sufficiently into another portion of the extraction site or once the extraction operation is terminated. All work shall be in accordance with the approved site rehabilitation plan as submitted with the application for permit. B. When planning for rehabilitation and subsequent plan set preparation, the following minimum requirements shall be observed. 1. If the mining site is proposed to be developed upon completion of the mining operation, the most recent edition of the City of Otsego Zoning Ordinance shall govern rehabilitation requirements. The rehabilitation plan will be reviewed in accordance with the applicable section(s) of the Zoning Ordinance. 2. If the mining site is proposed to be left as vacant upon completion of mining operations, the following guidelines shall be complied with for land restoration: a) Finished grades shall not exceed slopes of five feet horizontal to one foot vertical. Exposed slopes steeper in grade than ten feet horizontal to one foot vertical shall be contour plowed to minimize direct runoff of water. b) Disturbed areas shall be graded in accordance with the rehabilitation plan submitted with the application for permit. If significant changes or alterations to the approved grading plan are required, a revised plan shall be submitted to the City for review. c) Excavations which are to be backfilled with imported soils shall be subject to the following: 23 1) Imported materials shall be course - grained soils free from debris, roots, organic material and non -mineral matter containing no particles larger than 4 -inch size. The material shall be non -noxious, non-flammable and non- combustible. d) All areas shall be graded to allow for complete drainage of the site. The peaks and depressions of the area shall be reduced to a surface which will result in a gently rolling topography. e) The graded area shall be cleared of all foreign debris, roots, weeds and rocks larger than four inches in diameter. f) A minimum of four inches of topsoil shall be placed over the finished grade. g) Turf establishment shall be in accordance with the Minnesota Department of Transportation (Mn/DOT) regulations. All areas that have. been disturbed and subsequently regraded will require topsoil and turf establishment. Specifically, the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 2575 shall govern the execution of the work related to turf establishment. Material requirements shall be as follows: 1) Seed Mixture: The seed mixture shall be the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3876 mixture number 700 or 800 applied at the rate of 50 Ib./acre. 2) Imported Topsoil: Topsoil imported for the purpose of turf establishment shall be in accordance with the provisions of the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3877. 24 3) Sod: sod shall conform to the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3878. 4) Commercial Fertilizer: Commercial fertilizer shall conform to the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3881 and shall be a minimum analysis of 20-10-10 and be applied at a rate of 500 lbs/acre. 5) Mulch: Mulch material shall be in accordance with the provisions of the Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 3882 (Type 1) and be applied at a rate of two tons per acre. The mulch shall be disc anchored. h) Temporary erosion control measures shall be utilized to protect the site from wind and water damage until a self-sustaining ground cover is established. The Minnesota Department of Transportation Standard Specifications for Construction and Supplemental Specifications, Section 2573 shall govern the execution of work related to the use of temporary erosion control measures. Materials shall be as referenced under the same section. Temporary erosion control measures shall be shown on the rehabilitation plan and installed per the same plan. 25 X-1-18: Any person, firm, operator, corporation or association of persons who violate any of the provisions of this ordinance upon conviction, shall be guilty of misdemeanor as defined by State law and shall be punished in accordance with the then existing applicable penalty provisions for a misdemeanor offense, plus costs of prosecution. Each separate day of violation shall constitute a separate offense and be punishable as such. If civil action, including application for injunctive relief, is required to enforce this ordinance, the operator, or other parties responsible for violation(s), shall be responsible for all costs, including reasonable attorney's fees, incurred by the City for such enforcement action. Section 3. This Ordinance shall become effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Otsego this 28TH day of March , 199A. CITY OF OTSEGO By: Norman F. Freske, Mayor ATTEST: s By: haoxzi k- , ome Perrault, City Clerk 'SUMMARY OF THIS ORDINANCE PUBLISHED: 4/20/94 26 CITY OF OTSEGO COUNTY OF WRIGHT SUMMARY OF ORDINANCE NO. 94-4, MINING, WHICH REPEALS OTSEGO ORDINANCE NO. 9, MINING. At a regular session on March 28, 1994, the Otsego City Council adopted Ordinance No. 94-4 related to mining activities within the corporate boundaries of the City of Otsego. The Ordinance amended Ordinance No. 9 of the City of Otsego which pertained to excavations and mining, and establishing updated regulations for excavation and mining. The Ordinance will serve as a companion document to Ordinance No. 20-25, Land Excavation/Grading, which regulates smaller scale earthwork activities. The extraction of 500 cubic yards or more of material in a calendar year will be subject to the regulations as set forth in the Mining Ordinance. Extraction activities involving 50 cubic yards or more of material will still be subject to the regulations of the Land Excavation/Grading Ordinance. Activities which are exempt from the Mining Ordinance include certain activities for which building permits have been issued, certain utility work, certain roadwork, certain agricultural related activities and certain work related to the City's Subdivision Ordinance. The Mining Ordinance sets forth permit application policies, procedures, and requirements and also establishes standards involving extraction activities and site closure/rehabilitation. Mining activities will be subject to the review process associated with conditional use permits. Provisions for a fee structure based on an initial processing fee and also on a rate per cubic yard of material excavated are included in the document. The exact fees and rates will be determined by Resolution of the City Council. The complete Ordinance, along with permit application form and application procedures document, may be viewed from 8:OOAM to S:OOPM. Monday through Friday, at the Otsego City Hall. The City Hall is located at 8899 NE Nashua Avenue, Otsego Minnesota. Phone: 441-4414 ATT Y OF OTSEGO: LAS-r'-,EA1'`I T, DEPUTY CLER,K/ZONR1GrJ\,0M. NORMAN F FRESKE, MAYOR (CITY SEA )� , DATED: March 28, 1994 1 CITY OF OTSEGO COUNTY OF WRIGHT SUMMARY OF ORDINANCE NO. 944, MINING, WHICH REPEALS OTSEGO ORDINANCE NO. 9, MINING. At a regular session on March 28, 1994, the Otsego City Council adopted Ordinance No. 94-4 related to mining activities within the corporate boundaries of the City of Otsego. The Ordinance amended Ordinance No. 9 of the City of Otsego which pertained to excavations and mining, and establishing updated regulations for excavation and mining. The Ordinance will serve as a companion document to Ordinance No. 20-25, Land Excavation/Grading, which regulates smaller scale earthwork activities. The extraction of 500 cubic yards or more of material in a calendar year will be subject to the regulations as set forth in the Mining Ordinance. Extraction activities involving 50 cubic yards or more of material will still be subject to the regulations of the Land Excavation/Grading Ordinance. Activities which are exempt from the Mining Ordinance include certain activities for which building permits have been issued, certain utility work, certain roadwork, certain agricultural related activities and certain work related to the City's Subdivision Ordinance. The Mining Ordinance sets forth permit application policies, procedures, and requirements and also establishes standards involving extraction activities and site closure/rehabilitation. Mining activities will be subject to the review process associated with conditional use permits. Provisions for a fee structure based on an initial processing fee and also on a rate per cubic yard of material excavated are included in the document. The exact fees and rates will be determined by Resolution of the City Council. The complete Ordinance, along with permit application form and application procedures document, may be viewed from 8:OOAM to 5:OOPM. Monday through Friday, at the Otsego City Hall. The City Hall is located at 8899 NE Nashua Avenue, Otsego, Minnesota. Phone: 441-4414 AT ST- Y OF OTSEGO: LAINE BEATTY, DEPUT CLERK/ZONING ADM. NORMAN F FRESKE, MAYOR (CITY SEAL) DATED: March 28, 1994 Summary Published: 4/20/94 T RESOLUTION NO. 94-76 FOR ADOPTION OF FEES AND RATES ASSOCIATED WITH ORDINANCE NO. 944 OF THE CITY CODE, MINING. WHEREAS, the City of Otsego (City) has adopted Ordinance No. 94-4, Mining; and, WHEREAS, Ordinance No. 944, Mining, decrees that fees shall be required for the examination and review of application for permits and the inspections of mining operations for compliance with the conditions of the Ordinance; and, WHEREAS, Ordinance No. 944, Mining, further states that a fee shall be paid at the time of application for permit and a fee based upon the quantity of material removed from the site as a result of the mining operation shall be paid; and, WHEREAS, Ordinance No. 944 Mining further states that the initial fee and rate per cubic yard of material excavated shall be determined by Resolution of the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE OTSEGO CITY COUNCIL, that it hereby adopts a fee schedule related to Ordinance No. 94-4, Mining as follows: 1. Initial fee: $750.00 and, 2. Rate per cubic yard of material excavated; $0.05 to be paid within the guidelines as set forth within Ordinance No. 94-4. ADOPTED: Otsego City Council, Otsego, Minnesota this 28TH day of March, 1994. CITY OF OTSEGO: 140kWAN F. FRESKE, MAYOR ATT 4 LAINE BEATT , DEPUTY RK/ ZONING ADMINISTRATOR