In furthermore of the public health, safety and general welfare, the purpose and intent of this article is to:

(1)

Provide for the availability of minerals.

(2)

Establish reasonable and uniform limitations and safeguards for the production of the minerals.

(3)

Control the effect of any operations upon adjacent property and other areas of the city.

(4)

Provide for the restoration of any area used for mining.

(5)

Control and minimize pollution.

(Code 1982, § 36-401)

This article shall apply to all mining operations.

(Code 1982, § 36-402)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Dust means airborne inorganic particulate matter other than smoke.

Minerals means nonmetallic materials found in the earth, including but not limited to sand, gravel, rock and soil, which may be covered by overburden.

Mining means the removal, stockpiling or processing of minerals. Mining does not include grading, excavation or filling approved by the city as part of a subdivision, building permit or grading permit.

Operator means the person responsible for a mining operation.

Overburden means those materials which lie between the surface of the earth and mineral deposits.

Rehabilitation means to grade and landscape areas that have been mined so they are compatible with adjacent land uses, present and future, according to the standards in this article.

Topsoil means that part of the overburden which supports the growth of vegetation.

(Code 1982, § 36-403)

Cross reference— Definitions generally, § 1-2.

Except as otherwise provided in this article, it shall be unlawful for any person to engage in mining without obtaining a conditional use permit.

(Code 1982, § 36-404)

Section 44-1054 shall not apply to emergency work necessary to preserve life or property. Before emergency work is performed under this section, the operator performing it shall report the pertinent facts about the work to the city manager. The city manager shall review the facts and determine whether an emergency exists. If so, the manager shall, authorize the work. The operator shall, within ten days following the start of the work, apply for a conditional use permit. The city manager may also authorize an emergency exception to any of the conditions of an existing permit.

(Code 1982, § 36-405)

In addition to the general application requirements for a conditional use permit, the application for the permit required under this article shall contain the following:

(1)

The name, telephone number and address of the operator.

(2)

The type and quantity of materials to be mined.

(3)

The depth of water tables on the site.

(4)

The average thickness of overburden on the site.

(5)

The estimated time required to complete each phase of the operation, including rehabilitation.

(6)

The plan of operation, including processing, nature of the processing and equipment, location of the work, source, disposal and reuse of water.

(7)

Travel routes to and from the site.

(8)

Plans for controlling drainage, wind and water erosion, site security, sedimentation and dust.

(9)

A rehabilitation plan that shows the following:

a.

Two-foot contours of the site before excavation and after completion of rehabilitation.

b.

Those areas of the site to be used for storage of topsoil and overburden.

c.

A description of the type and quantity of plantings for revegetation.

(10)

A screening and berming plan, showing how the operator will screen views from surrounding land uses and streets. This plan shall include cross section drawings to scale along typical sight lines.

(Code 1982, § 36-406)

The city may attach conditions to the permit required under this article that:

(1)

Limit the size, kind or character of the proposed operation;

(2)

Require the construction of structures;

(3)

Require the staging of operations;

(4)

Require the alteration of the site design; or

(5)

Require an irrevocable letter of credit to ensure compliance with city regulations or the conditions of the permit.

(Code 1982, § 36-407)

Any operator issued a permit under this article shall furnish the city with a hold harmless agreement, subject to the approval of the city attorney, and shall provide evidence of and shall maintain in force at all times comprehensive general liability and automobile liability insurance, as per the maximum liability pursuant to Minn. Stats. § 465.04. The operator shall show the city as an additional insured for this operation.

(Code 1982, § 36-408)

There shall be no mining within:

(1)

Fifty feet of a street right-of-way.

(2)

Thirty feet of a public utility easement.

(3)

Thirty feet of the boundary of an adjoining property not in mining use.

(Code 1982, § 36-409)

Under this article, the operator shall fence any area where collections of water are 1½ feet in depth or more, where excavation slopes are steeper than one foot vertical to 1½ feet horizontal or where obvious danger to the public exists, when such a situation has existed or will exist for five working days or longer. The city engineer shall review such fencing to ensure its adequacy. He may waive this requirement or require additional measures based on his judgment and the characteristics of the particular situation. As an alternative, the city engineer may require perimeter fencing of the entire mining site.

(Code 1982, § 36-410)

Under this article, the operator shall:

(1)

Keep machinery in good repair and paint it regularly.

(2)

Remove abandoned machinery, equipment and rubbish from the site.

(3)

Have all structures necessary to the operation of the site approved by the city council.

(4)

Remove all equipment and temporary structures not later than 30 days after ending the operation or expiration of the permit.

(5)

Where practical, use plantings and stockpiles of overburden and minerals to screen the site.

(6)

Plant trees, berm or screen the perimeter of the site as required by the city council. The council may also limit the height of material piles, where they would be visible to adjacent properties.

(7)

Preserve existing tree and ground cover where feasible, including the transplanting of trees, shrubs and other ground cover along all setback areas.

(Code 1982, § 36-411)

The following standards shall apply to any mining operation:

(1)

The noise level at the perimeter of the site shall be within the limits set by the state pollution control agency.

(2)

Mining operations shall not start before 7:00 a.m. nor continue after 7:00 p.m. The city council may limit the operation to Monday through Friday.

(3)

Explosives shall not be used.

(4)

Operators shall use all practical means to reduce the amount of dust caused by the operation. The amount of dust or other particulate matter shall not exceed the standards of the state pollution control agency. If a problem develops, the city shall have the authority to stop the operation until the problem is solved.

(5)

Operators shall obey all applicable city, county, state and federal regulations for the protection of water quality, including the state pollution control agency and federal Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated washwater, shall be deposited in any lake, stream or natural drainage system.

(6)

The operator shall retain all topsoil at the site until the site has been rehabilitated according to the rehabilitation plan.

(7)

The operator shall not allow any equipment on the site to cause vibrations on adjacent property.

(Code 1982, § 36-412)

Under this article, the operator shall:

(1)

Start rehabilitating the site within ten days after the mining operation has moved into another part of the site.

(2)

Rehabilitate the site according to the rehabilitation plan. No rehabilitation slopes shall be steeper than five feet horizontal to one foot vertical, except that the city may permit steeper slopes if the city has approved them for recreational uses such as ski or sliding hills.

(3)

Cover all slopes and graded areas with at least three inches of topsoil and plant such areas with enough ground cover to hold the soil. The operator shall maintain such ground cover until it is self-sustained.

(4)

Eliminate all water areas resulting from excavation upon rehabilitation of the site, unless these water areas are on the approved plan.

(5)

Grade the site so that no part, except land planned for open space, shall be lower than the minimum required for connection to a sanitary or storm sewer.

(Code 1982, § 36-413)

The council, in approving a conditional use permit under this article, may appoint an advisory body pursuant to its motion on the permit.

(Code 1982, § 36-414)