1. Permit Required: No person shall open, operate or maintain any land reclamation, mining and/or soil processing use without an interim use permit authorizing such operation, unless such use involves earthwork as defined under section 10-9-2 of this chapter. In the review of proposed permits, an agreement shall be prepared and executed holding the city free and harmless from any suit or claims for damage resulting from the negligent excavation, removal or storage of rock, sand, dirt, gravel, clay or other material.
2. Permit Issuance: An interim use permit shall be issued only after a public hearing by the planning commission and approval by the city council. In this review and approval process, the planning commission may recommend and the city council shall establish the term of the permit and the dates for its periodic review, renewal, and/or termination consistent with section 10-5-5A of this title.
3. Soil Remediation In The Minnesota River Quadrant (MRQ): To encourage the soil remediation and redevelopment of properties within the MRQ, as identified in the comprehensive plan, mining, excavation and soil stockpiling is an allowable interim use for properties that contain poor soils. Interim use permits approved in the MRQ (for the purpose of remediating poor soils) shall terminate no later than January 1, 2027. In addition to the requirements of section 10-5-5A, "Interim Uses", of this title, interim use permits shall be subject to a development contract with specific conditions established for the particular permit and for the following general conditions:
   1. Storing, stockpiling, mining, excavating or selling soil for remediation in the MRQ is permitted.
   2. Contractor trailers and heavy equipment ancillary to the mining is permitted on the subject site.
   3. The submittal requirements of subsection (E) of this section shall apply.
   4. Of the poor soils remediated within the property, a minimum percentage shall be removed each year the interim use permit is in effect. The specific percentage shall be determined by the city council and incorporated in the development agreement.
   5. A maximum of ten percent (10%) of imported soils may be stored on the subject site for the purpose of selling to customers.
   6. There shall be no limit imposed on the amount of soil stored on site for the purpose of combining with excavated site soils as part of the remediation process.
4. Termination: An interim use permit shall terminate upon the occurrence of any of the following events; whichever first occurs:
   1. The date stated in the permit.
   2. A violation of conditions under which the permit was issued.
   3. A change in the city's zoning regulations which renders the use nonconforming.
5. Interim Use Permit Application: The application for an interim use permit shall be consistent with the requirements of section 10-5-5A of this title and shall contain the following:
   1. A legal description of the lands from which it is proposed to remove earth and where it is to be deposited or processed.
   2. The name and address of the applicant and of the owner(s) of the land.
   3. Copies of any portions of agreements indicating the duration of any lease if applicable.
   4. The purpose of the removal.
   5. The estimated time required to complete the removal.
   6. The highways, streets or other public ways within the city upon and along which the material removed shall be transported.
   7. The plan of operation, including soil processing (any operation other than direct mining and removal, and not specifically addressed in section 10-9-2 of this chapter), nature of the processing and equipment, the area, depth and grade of such processing, the estimated quantity of earth deposits to be added to or removed from the premises, location of the plant, source of water, disposal of water and reuse of water. In the event that water is used in the operation of a pit, approval from the state department of natural resources and other appropriate state or federal agencies shall be obtained as to the type, location and depth of such well and contained with such application.
   8. A development plan of the property where the mining is to occur. Such plan shall contain site analysis information such as trees, depth of topsoil, soil type, adjacent and on site buildings and land uses, a map or plan of the proposed excavation showing the confines or limits thereof, together with the proposed finished elevations based on sea level readings. Elevations and percent slope within one hundred feet (100') beyond the perimeter of the excavation and other such information necessary to analyze the site shall be provided by the applicant. United States geological survey data shall be used for all topographic mapping where feasible.
   9. A comprehensive restoration and end use plan. These plans shall show suitable provisions for the restoration of the excavated area to a usable condition compatible with adjacent properties. Such plans should include anticipated final elevations throughout the site area, a landscape plan showing the replacement of ground covers, shrubs, trees, etc., and a plan for the return of subsoil and topsoil. Where the city council deems it practical and necessary, such plan shall include adjoining related areas where excavations have previously been made and remain under the control of the same owner, or under the control of the same person other than the owner to whom the permit is to be issued.
6. Special Requirements: As part of the original or periodic review of an interim use permit, the council may impose one or more of the following restrictions and requirements, either as a prerequisite to the granting of such permit or after such permit has been granted:
   1. The owner or applicant shall properly fence any pit so that such pit or any standing waters therein may not be a hazard to the general public or the applicant or owner shall slope the banks and otherwise guard and keep any pit in such condition as not to be dangerous to persons or property; provided, that the maximum slopes shall be as follows: a three foot (3') horizontal to one foot (1') vertical slope must be regraded prior to the end of each season's operations or after the pit has ceased to be operated for a period of thirty (30) days or more.
   2. The owner or applicant shall prevent water runoff damage, including erosion on adjacent property and the deposit of material by water runoff on adjacent property.
   3. The applicant or owner shall submit a landscape screening plan consisting of suitable trees which shall be placed to eliminate unsightly view of the operations.
   4. On completion of the operation, the applicant shall properly drain and level off any pit and restore the contour of the site of the operation to a condition as indicated on the end use plan or to such contour as recommended by the city engineer.
   5. Upon closing operations or leaving any particular excavation or area in the site, the applicant shall regrade the area which he has excavated or disturbed in order that no slopes are steeper than three feet (3') horizontal to one foot (1') vertical.
   6. The operation of the gravel pit shall not affect the safety or quantity of any well within one-fourth (1/4) mile from the pit. Proof that the hydraulic or static effect is not detrimental to any such well shall be provided by the applicant.
   7. The council may, at its discretion, attach such other additional conditions to such permits as they may deem necessary in the interest of the public health, welfare and safety of the community.
   8. Within a period of three (3) months after the termination of a sand and gravel operation, or within three (3) months after abandonment of such operation for a period of six (6) months, or within three (3) months after the expiration of a sand and gravel permit, the operator or owner shall dismantle or remove buildings and structures incidental to such operation and shall grade the site to the specifications of the final grade plan, as well as complete all reclamation on the site as proposed by the reclamation plan.
7. Inspections: The council may require periodic inspections of operations as a condition of approval.
8. Security Requirement: The council shall require the applicant, owner or user of the property on which the proposed operation is located, to post a letter of credit acceptable to the city or cash escrow in such form and sum as the council shall determine, conditioned to pay the city the extraordinary cost and expense of repairing, from time to time, any highways, streets or other public ways where such repair work is made necessary by the special burden resulting from the hauling and removal of material from any operation; the amount of such cost and expense to be determined by the city engineer; and conditioned further to comply with all the requirements of this chapter, and the particular permit, and to pay any expense the city may incur by having to do anything which the applicant fails to do to comply with the terms of the conditional use permit.
9. Insurance Requirement: The contractor or lessor of the land involved shall secure and maintain such insurance from an insurance company acceptable to the city and authorized to write casualty insurance in the state as will protect himself, his agents and the city from claims for bodily injury, death or property damage which may arise from operations under a gravel permit issued under this chapter. A gravel contractor shall not commence work until he has obtained all insurance required under this section and shall have filed a certificate of insurance or a certified copy of an insurance policy within the city. Each insurance policy shall contain a clause providing that it shall not be canceled by the insurance company without ten (10) days' written notice to the city of intention to cancel. The amounts of such insurance shall not be less than the following:
   1. Workers' compensation and employer's liability which shall be secured and maintained as required by the state.
   2. Public liability, personal injury and property damage:
      1. Injury or death of one person: Two hundred fifty thousand dollars ($250,000.00).
      2. Injury to more than one person in a single accident: Five hundred thousand dollars ($500,000.00).
      3. Property damage: Two hundred thousand dollars ($200,000.00).
   3. Automobile and truck public liability, personal injury and property damage, including owned and nonowned vehicles:
      1. Injury or death of one person: Two hundred fifty thousand dollars ($250,000.00).
      2. Injury to more than one person in a single accident: Five hundred thousand dollars ($500,000.00).
      3. Property damage: One hundred thousand dollars ($100,000.00).
10. Application Of Chapter: All provisions of this chapter shall apply unless otherwise stipulated in a development contract with the city of Burnsville. (Ord. 1284, 10-16-2012)
    

1. Intent: Earthwork not specifically associated either with land reclamation, mining or soil processing as a long term operation or with the operation of a business, shall be regulated under this section.
2. Scope: Earthwork which involves ninety (90) or more cubic yards of material for the excavation, filling, grading, shaping, moving or general soil disruptions for the purpose of making improvements to the property or facilitating development of the property is allowed when reviewed by the development review committee, found to be in keeping with the goals, policies, and general intent of the city, and found to be in compliance with all applicable city, county, state, or federal regulations. Earthwork which involves less than ninety (90) cubic yards for excavation, filling, grading, shaping, moving or general soil disruptions is allowed by the city without review or a permit when all work is performed consistent with city goals and policies.
3. Application For Permit: Prior to the start of any earthwork involving ninety (90) or more cubic yards of material, approval is required by the development review committee, and an earthwork permit must be issued by the protective inspections department. A woodland identification survey must be completed as required in section 10-8-9 of this title. Erosion and sediment control information must be provided pursuant to section 10-8-8 of this title.
4. Issuance Of Permit: The development review committee may authorize the issuance of an earthwork permit if the requirements of this section are met and the applicant submits surety for the following work:
   1. Construction or improvement of a roadway.
   2. Excavation or filling in accordance with an approved site plan or preliminary plat.
   3. Excavation or filling for the purpose of preparing land which in its original condition cannot be developed according to the designated zoning.
   4. Decorative landscaping when the reshaping or contouring of land does not disrupt surrounding properties or create drainage problems.
5. Security: Prior to the issuance of an earthwork permit, the owner shall supply the city with security in an amount to be set by city policy number 2.050.
6. Completion Cleanup: Upon completion of all earthwork, all excess soil, paving materials, sticks, stones, trees, stumps, and any other debris shall be promptly removed.
7. Compliance: The development review committee cannot authorize the issuance of an earthwork permit to any owner if the proposed plans cannot or do not comply with current environmental requirements, i.e., shoreland, woodland, severe slope, wetlands regulations or any other pertinent city, state or federal requirements, until the plans have been reviewed and approved by the city and all other applicable regulating authorities. (Ord. 1284, 10-16-2012)
   

The following minimum requirements shall apply to all land reclamation, mining, and soil processing operations, and all earthwork operations that require a permit under sections 10-9-1 and 10-9-2 of this chapter:

1. The outer limit or edge of any mining operation shall not be closer than one hundred feet (100') to any abutting property line. Soil excavation may occur within one hundred feet (100') of any property line when the proposed grading plan has been approved by the city engineer.
2. Finished slopes or any edge contiguous to property owned by others shall not be less than a ratio of three feet (3') horizontal to one foot (1') vertical, or as approved by the appropriate regulating authority.
3. All trees, stumps and debris must be disposed of within thirty (30) days in a manner which complies with current regulations and which is consistent with the proposed end use plan.
4. No mining operations shall be closer than one hundred feet (100') to the right of way line of any existing street, road or highway, except upon approval by the city council.
5. The operator shall be responsible for lowering any well so as to provide potable water for each individual whose well is affected by the proposed operations.
6. All rocks which are not crushed and which are one foot (1') or larger in size shall be removed from the site, buried after termination of operations, or used on site as a landscape feature.
7. Any storm or surface water cast into the excavation shall be the responsibility of the operator.
8. The operator shall operate and maintain all equipment in such a manner as to minimize air pollution. Any emission which can cause any damage to health, animals or vegetation or other forms of property or which can cause an excessive silting at any point or any emission of any solid or liquid particles in concentrations exceeding air quality regulations shall be prohibited.
9. Upon termination of the operation, any pit or excavation created shall be regraded or modified according to the end use plan.
10. All excavated materials shall be removed from the premises especially within highways, streets or other public ways as the council shall order and direct.
11. No noise resulting from the excavation use shall exceed the most current noise control regulations.
12. Any vibration resulting in any combination of amplitude and frequencies beyond the "safe" range of the most current standards of the United States bureau of mines for any equipment or structure shall be prohibited.
13. The slope of banks during the excavation of material shall be kept in such a condition so as not to be dangerous because of overhangs, sliding or caving banks. Such dangerous conditions shall be declared to be a nuisance and the city may give notice to the operator or owner to abate the same.
14. The removal of natural vegetation shall be restricted to prevent erosion into water bodies, to consume nutrients in the soil and to preserve shoreland aesthetics. Removal shall be restricted within a strip paralleling a lakeshore, river or stream and shall extend inland a minimum distance of one hundred feet (100') from the normal high water mark as determined by the point where the natural vegetation changes from predominately aquatic to predominately terrestrial. The owner or operator shall be required to comply with the environmental elements established in chapter 8 of this title.
15. The hours of operation shall be limited from seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. daily, provided that no excavation, crushing, processing or trucking shall be conducted on Saturdays, Sundays or legal holidays with the exception of Columbus Day and Veterans Day except upon approval by the city council. Certain activities such as loading, maintenance and repair of equipment and hauling by barge may be allowed; provided that these activities do not cause undue noise or disturbances to adjoining property or facilities and that these activities are specified in the operations plans and approved by the municipality at the time of issuance of the permit.
16. All fill material shall be clean, compactible fill, and shall not contain refuse, construction debris, or any other items (tires, barrels, furniture, etc.) not found in soils. The fill material must be approved by the city engineer and protective inspections division if the fill area will be used for a road or building construction site.
17. Any of these provisions may be waived by the city council when determined that a complete and proper showing in the plan of operation and/or end use plan that other provisions would be more suitable. (Ord. 1284, 10-16-2012)