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 Ordinance No. 9 of the City of Otsego is hereby repealed.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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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