Crosby City Zoning Code
MINERAL EXTRACTIONS
§ 154.100 INTENT.
The city finds that the extraction of minerals by underground and/or surface mining is a basic and essential activity making an important contribution to the economic well-being of the city. The economical availability of iron ore, sand, gravel, rock, soil, and other materials is vital to their continued growth. The city further finds that it is not practicable to extract minerals required by society without disturbing the surface of the earth and producing waste materials. The danger exists that no compatible land uses could unnecessarily deny the benefit of these materials to society in the future. It is further found that the character of mining may create undesirable land and water conditions which can be detrimental to the health, safety, and welfare and property rights of the citizens of the community. However, if properly regulated and if rehabilitation of surface mined lands is required, mining can take place within the city in such a manner that undesirable side effects of the operation may be restricted to an acceptable level.
(Prior Code, § 13.33)
§ 154.101 MINERAL EXTRACTION PERMIT.
(A) Except as provided in this section, it shall be unlawful for any operator to engage in the extraction of minerals without having first obtained a conditional use permit from the city authorizing the work as regulated further by this section.
(B) The permit requirements established by this section shall not apply to emergency work necessary to preserve life or property. When emergency work is performed under this section, the operator performing it shall report the pertinent facts relating to the work to the Zoning Administrator prior to the commencement of the extraction. The Zoning Administrator shall review the facts and determine whether an emergency exists and shall by written memorandum authorize commencement of the emergency exception. An operator commencing emergency work shall, within ten days following the commencement of that activity, apply for the issuance of an extraction permit and, on its issuance, may be required to perform such work as determined to be reasonably necessary to correct any environmental impairment occasioned by such work.
(C) Operators now conducting operations governed by this section and for which this section requires a permit may continue such operations, but within 60 days of the effective date of the ordinance from which this section derives shall make application for a permit. Failure to apply for a permit shall be a violation of this section; however, on request and for cause, the City Council may extend the time for the initial application to 90 days.
(D) An application for a mineral extraction permit shall contain:
(1) The name and address of the operator and owner of the land;
(2) The correct legal description of the property where the extraction is proposed to occur;
(3) The names of all land owners owning property within one-half mile of the boundary of the property described previously;
(4) Specification of the following, using appropriate maps, photographs, and surveys:
(a) The physical relationship of the proposed mining area to the community and existing community development;
(b) Site topography and natural features, including location of watercourses and water bodies within the planned mining area;
(c) The quality and quantity of minerals to be excavated;
(d) The depth of water tables throughout the planned mining area; and
(e) The average thickness of overburden in the area.
(5) The purpose of the operation;
(6) The estimated time required to complete the operation;
(7) The plan of operation, including processing (any operation other than direct mining and removal), nature of the processing and equipment, location of the plant, source of water, disposal of water, and reuse of water;
(8) Travel routes to and from the site;
(9) The plans for drainage, wind and water erosion control sedimentation, and dust control; and
(10) The rehabilitation plan providing for the orderly and continuing rehabilitation of all excavated land. Such plan shall illustrate, using appropriate photographs, maps, and surveys, the following:
(a) The contour of land prior to excavation, after completion of excavation, and after completion of rehabilitation;
(b) Those areas of the site currently used for storage of topsoil and overburden;
(c) A schedule setting forth the timetable for excavation and rehabilitation of land lying within the excavation facility; and
(d) The depth of all water bodies, the slope of all slopes after rehabilitation, and a description of the type and quantity of plantings where revegetation is to be conducted.
(E) A permit shall be issued for a period of five years and shall be renewable for three-year periods thereafter.
(F) The mineral extraction permit may be terminated for violation of this section or any conditions of the permit. No permit shall be terminated until notification of violation or other cause for termination has been served upon the operator along with an order that the condition be remedied. The operator shall have 30 days within which to remedy the condition. No permit may be terminated until the City Council has held a public hearing to determine whether the permit should be terminated, at which time the operator shall be afforded an opportunity to contest the termination.
(G) It shall be unlawful to conduct mineral extraction after a permit has been terminated pursuant to this section.
(H) Requests for renewal of the permit shall be made 60 days prior to the expiration date. If application for renewal is not made within the required time, all operations shall be terminated; and the reinstatement of the permit may be granted only upon compliance with the procedures set forth in this section for an original application.
(I) (1) An extraction permit may be approved or renewed subject to compliance with conditions in addition to those set forth in this section when such conditions are reasonable and necessary to ensure compliance with the requirements and purpose of this section. 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 time; require the alteration of the site design to ensure compliance with the standards; and/or require the provision of a performance bond by the operator to ensure compliance with this division.
(2) Neither the issuance of a permit nor compliance with its conditions nor with the provisions of this division shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property, nor shall the issuance of any permit serve to impose any liability on the city, its officers or employees, for any injury or damage to persons or property.
(3) A permit issued pursuant to this division 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.
(Prior Code, § 13.34) Penalty, see § 154.999
§ 154.102 STANDARDS.
(A) Size. An extraction site under this section shall consist of at least ten acres unless contiguous to existing permitted mining operation.
(B) Distance. Operation shall not be conducted within:
(1) Fifty feet of an existing street or highway;
(2) Thirty feet of the right-of-way of an existing public utility;
(3) Fifty feet of the boundary of any zone where such operations are not permitted; or
(4) Thirty feet of the boundary of an adjoining property not in mining use.
(C) Fencing. During operations, any area where collections of water are one and one-half feet in depth or more or where excavation slopes are steeper than one foot vertical to one and one-half feet horizontal and any other areas where an obvious danger to the public exists shall be fenced when such a situation has existed or will exist for a period of five working days or longer.
(D) Appearance and screening.
(1) Machinery shall be kept in good repair and painted regularly.
(2) Abandoned machinery and rubbish shall be removed from the site regularly.
(3) All structures that have not been used for a period of one year shall be removed from the site.
(4) All equipment and temporary structures shall be removed and dismantled not later than six months after termination of mining operation or expiration of this permit.
(5) Where practical, stockpiles of overburden and materials shall be used to screen the mining site.
(6) Where practical, the perimeter of the mining site shall be planted or otherwise screened.
(7) Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting, and replanting of trees, shrubs, and other ground cover along all setback areas.
(E) Operating standards.
(1) Noise. The maximum noise level at the perimeter of the site shall be within the limits set by the State Pollution Control Agency and the Environmental Protection Agency of the United States.
(2) Explosives. The use and handling of explosives shall be coordinated with the Police Department. Blasting shall occur only at hours specified in the permit and at no other time.
(3) Air quality. Dust operators shall utilize all practical means to reduce the amount of dust caused by the operation. In no case shall the amount of dust or other particulate matter exceed the standards established by the State Pollution Control Agency.
(4) Water pollution. Operators shall comply with all applicable State Pollution Control Agency regulations and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated wash water, shall be deposited in any lake, stream, or natural drainage system, except that lakes or ponds wholly contained within the extraction site may be so utilized.
(5) Top soil preservation. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan.
(F) Rehabilitation standards.
(1) Generally. Rehabilitation shall be a continuing operation occurring as quickly as possible after the mining operation has moved sufficiently into another part of the excavation site.
(2) Slopes. All banks and slopes shall be left in accordance with the rehabilitation plan submitted with the permit application. No rehabilitation slopes shall be steeper than four feet horizontal to one foot vertical, except that steeper slopes may be permitted in accordance with the rehabilitation plan when the slopes are planned for slope-related usages, for example, ski and sliding hills.
(3) Cover and planting. Slopes and graded and backfilled areas shall be surfaced with at least three inches of topsoil and planted with ground cover sufficient to hold the soil. Such ground cover shall be tended as necessary until it is self-sustained.
(4) Slopes to water bodies. No slope descending to a water body shall exceed one foot vertical to four feet horizontal, except that steeper slopes may be permitted in accordance with the rehabilitation plan when human or property safety is not endangered.
(5) Water bodies. All water areas resulting from excavation shall be rehabilitated as follows:
(a) The bottom contour must be gradually sloping from the shoreline to the deepest portion; and
(b) The water depth in the deepest portions must not be less than five feet measured from the low water mark.
(6) Final elevation. No part of the rehabilitated area which is planned for utilization for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to sanitary and storm sewer.
(Prior Code, § 13.35)
§ 154.103 FEES AND BOND.
(A) Fees. A schedule of fees for the examination and approval of applications for mineral extraction permits and the inspection of mineral extraction operations for compliance with conditions of this division and the permit shall be determined by resolution of the City Council, which may from time to time change such schedule. Prior to approval and issuance or renewal of any mineral extraction permit, such fees shall be paid to the city and be deposited to the credit of the General Fund.
(B) Performance bond.
(1) Prior to the approval and issuance of any mineral extraction permit, there should be executed by the operator and submitted to the city an agreement to construct such required improvements, to dedicate such property or easements, and to comply with such conditions as may have been agreed to. Such agreements shall be accompanied by bond with surety or condition acceptable to the City Council in the amount of the established costs of complying with the agreement.
(2) The agreement bond shall be provided for guaranteeing completion and compliance with the conditions set forth in the permit within the time to be approved by the City Council.
(3) The adequacy, conditions, and acceptability of any bond under this section shall be determined by the Zoning Administrator or any official of the city as may be designated by resolution of the Council.
(Prior Code, § 13.36)