A.   Extraction Essential: The extraction of minerals is essential to the continued economic well-being of the City and to the needs of society.

   B.   Minerals Required: It is necessary to alter the surface of the earth to extract minerals required by our society. This should be done in such a way as to minimize undesirable effects on the surroundings.

   C.   Reclamation: Mined land should be reclaimed so as to prevent conditions detrimental to the general safety and welfare of all citizens of the City and to provide for the subsequent use of the lands affected. Reclamation requirements must be adapted to the diversity of the topographic, chemical, climatic, biologic, geologic, economic and social conditions of the area where the mining takes place. (1989 Code § 12-12-001)

As used in this Chapter, the following words and terms shall have the meanings ascribed to them in this Section:

   EXCAVATION: The removal of sand and gravel, clay, soil, granite, flagstone, slate or shale by excavating, stripping, leveling or other process, together with all other types of mining operations where material is removed from the earth. The provisions of this Chapter shall not apply to the removal of sod or topsoil, provided the operation be not closer than ten feet (10') to any property line or to a depth in excess of eighteen inches (18") or so to adversely affect the drainage, stability or vegetation for the area; and to provide further, that this Chapter shall not apply to ditching and land leveling for agricultural or recreational uses, or for site preparations for building a structure. Land leveling for these purposes may include the removal of mineral resources. Excavations for these purposes may include the removal of mineral resources. Excavations for these purposes, which exceed two hundred (200) cubic yards per acre contained in the site or a proportionally equivalent amount for fractional acreage, shall be considered a conditional use.

   LAND AFFECTED: The surface and subsurface of an area within the incorporated areas of the City where mining operations are being or will be conducted, including, but not limited to, on- site private ways, roads, the excavation site itself, exploration sites, drill sites or working, parking, storage areas; areas in which structures, facilities, equipment, machines, tools or other materials or property which result from or are used in such operation, are situated.

   MINING OPERATIONS: Those activities conducted on the surface of the land for the exploration for development of or the extraction of mineral deposits from its natural occurrences, including surface mining and surface effects of underground mining, including on site transportation or other primary processing.

   NATURAL RESOURCES PERMIT: The acceptance of the premining inventory/analysis, the operations plan and the final reclamation plan as evidenced by the properly endorsed and designated signature blocks, shall constitute the issuance of a natural resources permit.

   OFF SITE: The land areas that are outside or beyond the on site land which is owned or controlled by the operator.

ON SITE: The surface land area within which mining operations are or will be conducted, which is bounded by continuous property lines dividing the surface of land ownership, control or right that is invested in the operator. A series of related properties under the control of a single operator but separated by small parcels of land controlled by others will be considered a single site unless excepted by the planning commission.

   OPERATOR: Any person, firm, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent or other organization or representative of any kind either public or private, owning, controlling or managing mining operations or proposed mining operations, including exploring for or developing of a mineral deposit.

   OWNER: Any person, corporation, association, partnership or other legally deeded organization or representative of any kind, either public or private, owning, controlling or managing a mineral deposit or the surface of lands employed in mining operations.

   PUBLIC ROAD: Any road, street, alley, lane, court, place, viaduct, tunnel, culvert or bridge laid out or erected as such by the public, or dedicated or abandoned to the public, or made such in an action for the partition of real property and includes the entire area within the right of way.

   RECLAMATION: Actions performed during and after mining operations to shape, stabilize, revegetate or otherwise treat the land affected in order to achieve a safe, stable, ecological condition. The mined lands will be reclaimed to a usable condition which is readily adaptable to alternate land uses and creates no danger to public safety. These rehabilitated or reclaimed conditions will be consistent with the city land use plan in the immediate area. The reclamation process may extend to affected lands surrounding the mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization and other measures. (1989 Code § 12-12-003)

Within one year after the adoption hereof, existing mining operations shall comply with the provisions set forth herein. (1989 Code § 12-12-014)

None of the special uses specified or implied authorizing the excavation of natural materials within the natural resource zone of this land use title shall be permitted on any property in the city unless authorized under the natural resources permit issued to the owner and operator of the property by the planning commission and approved by the city council in accordance with the application procedures hereinafter set forth. In addition to delineating the area to which it is applicable, the natural resources permit shall also make explicit reference to the permitted and special uses authorized and shall include, where applicable, specific requirements for premining inventory/analysis and operation plan, plus a final reclamation plan, which includes plans for simultaneous phasing of excavation and reclamation of the excavated site. Five (5) copies of the required plans shall be presented to the planning office for review and distribution. (Ord. 2006-01, 2-14-2006)

Application for a natural resources permit shall be submitted to the Planning Commission on forms provided for that purpose.

   A.   General Information: The following information shall be provided: the name of the mineral property, property owners, lessee, operators, agent of process, location of mineral property and legal description.

   B.   Pre-Mining Inventory And Analysis: A pre-mining inventory and analysis both off-site and on-site shall be performed by the applicant, containing the following information:

      1.   A regional vicinity analysis describing other land uses surrounding the site, the possible impacts of the proposed excavation on surrounding land and the methods to be employed to mitigate any potentially negative effects.

      2.   A description of the regional haulage routes to be employed on public and private roads.

   C.   Pre-Site Inventory And Analysis: The applicant shall conduct a pre-site inventory and analysis to include:

      1.   A topographic map of the area (at a scale of 1 inch equals 200 feet) to a maximum contour interval of five feet (5').

      2.   A description of the visual characteristics, with particular concern given to the use of natural topography and vegetation to shield site operations from nearby properties, roadways and the general public.

      3.   A soils survey, to include a soils profile.

   D.   Mining Operations Plan: The applicant shall provide a mining operations plan which describes the following:

      1.   Proposed starting date and the anticipated period of operation.

      2.   Develop an operations development plan on a topographic map (to a scale of 1 inch equals 200 feet) of the area at least five hundred feet (500') beyond the proposed excavation, showing the operations listed in the following subsections D2a through D2g of this Section:

         a.   Stockpiles, milling and processing system.

         b.   Type and kinds of machinery and equipment, waste disposal systems.

         c.   The water to be used, method of control and disposal systems.

         d.   Wind and air movement patterns with a description of techniques used to control dust and noise.

         e.   Transportation routes used in the site schedule of proposed operations and plan showing location of buildings, storage areas, equipment.

         f.   The possible effects of the operation on surrounding environment and the specific steps taken to mitigate them.

         g.   Any economic effects on the surrounding area and the steps taken to mitigate them.

   E.   Reclamation Plan: The applicant shall provide a reclamation plan with the use of maps, imagery and renderings (at a scale of 1 inch equals 200 feet) extending five hundred feet (500') beyond the legal description of the site area with a maximum contour interval of five feet (5'), which includes at least the following:

      1.   A grading plan drawn and certified by a licensed professional engineer or land surveyor indicating the areas excavated and the proposed finished grades;

      2.   A description of the methods and plans to be employed for simultaneous reclamation of the site during and after the mining operations;

      3.   A description of the landscape plan, to include the installation of topsoil, planting schedule, specifications for plant applications, mulching and type of irrigation to be used;

      4.   A description of the hydrologic environment of the reclaimed site, to include a map illustrating the water drainage areas such as lakes, springs, ponds, streams, wells, pipelines, culverts, ditches, canals;

      5.   A description of all permanent roads and other manmade structures which are to remain after reclamation;

      6.   Cross sections shall be taken in the excavation site in areas of greatest material displacement. The number of cross sections required shall be dependent on the size and topography of the excavation site.

   F.   Authorization Of Permit: All operation and reclamation maps and plans shall include signature blocks for the owners, City Engineer, Planning Commission and City Council. Upon obtaining signatures of the above individuals, a permit shall be authorized. (1989 Code § 12-12-005)

   A.   Pre-Application Meeting: The excavator or owner or their representative shall meet with City staff personnel to review the proposed pre-application plans for the excavation site. The pre-application plans shall be submitted in five (5) copies and will consist of the information requested in subsections 10-6-5A and 10-6-5B of this Chapter, plus the following:

      1.   A sketch of the existing site contours, drainage and unusual geologic conditions;

      2.   Anticipated amount of material to be removed;

      3.   Type and kinds of machinery and equipment to be employed;

      4.   Water to be used in the operation, source and disposal;

      5.   Sketch of the site contours after excavation is complete to include location of natural drainage channels, vegetation and roadways. (1989 Code § 12-12-006)

   B.   Review Of Pre-Application:

      1.   Within a period of not more than seven (7) days following receipt of the application, the Planning Commission shall distribute copies of the pre-application and accompanying plans and statements to other interested County, City and State agencies as determined by the Planning Commission and shall ask for comments and recommendations. When the site for which application is being made adjoins property that is not in a Natural Resource Zone or when the proposed excavation poses significant impact because of its size or location, the Planning Commission may call for a public hearing through proper notice as prescribed by law. (1989 Code § 12-12-006; amd. 1998 Code)

      2.   Within forty five (45) days of receipt by the Planning Commission, the pre-application shall be formally considered through a regularly scheduled or specially scheduled meeting of the Planning Commission with the excavator or owner. Following consideration of the excavation proposal, the Planning Commission shall notify the operator or owner of their findings as to disapproval or approval with certain conditions.

   C.   Review Of Final Plans: If the pre-application is approved, the excavator or owner shall then provide the information required by the forms provided by the Planning Commission and also submit maps, drawings and plans required by this Chapter in five (5) copies. Within fourteen (14) days following receipt of the final application, the Planning Commission shall distribute copies of the final application and accompanying plans and statements to other interested County, City and State agencies as determined by the Planning Commission and shall ask for comments and recommendations.

   D.   Public Hearing: Within a period of not more than forty five (45) days of receipt of the final application, the Planning Commission shall call for a public hearing through proper notice as prescribed by law to consider said final application. Following the public hearing, the Planning Commission shall review the application and shall make written recommendations to the City Council who shall have final approval or disapproval of the application. (1989 Code § 12-12-006)

   A.   Required Before Operations Begin: After receiving notification that the application for natural resource permit has been approved, but prior to commencement of such operation, the operator shall provide surety to the City, in a form and amount to be determined by the City Engineer in consultation with the City Council and reviewed by the Planning Commission.

   B.   Amount: In determining the amount of surety to be provided, the City Engineer shall consider factual information as to the magnitude, type and costs of approved reclamation activities planned for the land affected and the nature, extent and duration of operations under the approved notice. The City Engineer shall fix the amount of the bond reasonably related thereto, to protect the City and ensure compliance with the requirements with the excavation permit; however, the amount of the bond shall not exceed one hundred percent (100%) of the estimated cost of rehabilitating the excavation. The bond shall be periodically reviewed to ensure that the amount of the bond is capable of insuring adequate reclamation.

   C.   Form: In determining the form of surety to be provided by the owner, the City Engineer shall approve a method acceptable to the owner and consistent with the requirements of this chapter, which may be one or a combination of corporate surety bond, land, cash or other deposited securities.

   D.   Release: The liability under surety provisions shall continue until such time as released as to part or in its entirety, by the City Council.

   E.   Forfeiture: If the operator fails or refuses to carry out the necessary land reclamation as outlined in the approved operation and reclamation plans, the City may, after notice and hearing, declare any surety filed for this purpose forfeited, or in case of a corporate bond, file suit against the owner and his bonding company. The City shall also have the right to file suit against the defaulting permittee for costs of rehabilitation and reasonable attorney fees. (1989 Code § 12-12-013)

   A.   Buffer Distances:

      1.   All extractive operations, roads, machinery, equipment and stockpiles, excluding topsoil used for reclamation and screening and rock crushing, shall be kept at least one hundred feet (100') horizontal distance from any other property owner, except as may be reduced by the Planning Commission for due cause, but in no event should the operation be closer than forty five feet (45') to the property line.

      2.   All rock crushing operations shall be conducted at least four hundred feet (400') horizontal distance from any other property owner, except as may be reduced by the Planning Commission for due cause, but in no event shall the operation be closer than fifty feet (50') to the property.

      3.   All excavations shall be kept at least one hundred feet (100') from a public road, except where the Planning Commission determines the excavations may be moved closer if it will not endanger the users of the road.

   B.   Fencing: Areas of excavation with serious or hazardous conditions shall be reasonably fenced, except where in the determination of the Planning Commission other suitable devices may be used.

   C.   Grading: All grading, including specifications for slope stabilization, shall be done in accordance with the latest reclamation plans, with the concurrence of the City Engineer.

   D.   Air And Water Quality: All air and water quality related plans and actions shall be monitored and approved by the Davis County Environmental Health Division.

   E.   Hours Of Operation: Crushing, screening and hauling, except for the maintenance and repair of vehicles and equipment, shall be confined to the hours between six o'clock (6:00) A.M. and seven o'clock (7:00) P.M., Monday through Friday, and Saturday from seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M., except for operations required to remain open for public emergency demands as determined by the City Council. Extended hours may be authorized at the discretion of the City Council. Such extension shall be accomplished through an operational agreement.

   F.   Landscaping: Properties containing uses for which a natural resource excavation permit is required shall be landscaped for purposes of screening such uses from public streets and abutting properties not in a natural resource zone. Vegetative materials shall be planted, together with necessary topsoil as required in chapter 15 of this title.

   G.   Noise And Vibration: All equipment on site and off site utilized in the extraction and processing of native natural resources shall be operated and maintained so as to minimize the emanation of noise and vibration from the premises. Soil berming, landscaping and other techniques should be used to accomplish the objective of reducing the impact of noise and vibration on adjacent property.

   H.   Roads: All permanent haul roads within five hundred feet (500') of public streets or land not in a natural resource zone shall be regularly surfaced with asphalt or oil, and all roadways shall be regularly watered, swept or surfaced with a dust palliative.

   I.   Monuments: Monuments or other means of identification shall be placed and maintained around the perimeter of the excavation site so as to enable reasonable identification of the property line separating the excavation property from adjoining landowners.

   J.   Park Strip Landscaping: Park strip landscaping shall meet the requirements of chapter 15 of this title. (Ord. 19-08, 3-12-2019)

At the end of each calendar year, unless waived by the Planning Commission for due cause, each operator conducting mining operations shall file an operations and progress report with the Planning Commission. Part of this progress report may be submitted on United States Department of Interior, Bureau of Mines form OMB no. 42-RO264. The remainder of this report will summarize activities in fulfillment of the requirements of simultaneous excavation and reclamation in confirmation with the reclamation plan previously submitted. (1989 Code § 12-12-010)

   A.   Objectives: The objectives of excavation reclamation shall be:

      1.   To return the land, concurrently with the mining operation or within a reasonable amount of time thereafter, to a predetermined condition defined by the reclamation plan as submitted and approved, compatible with past, present or probable future local land uses.

      2.   To minimize or prevent present and future on-site or off- site environmental degradations to the ecologic and hydrologic regimes caused by mining operations and to meet other pertinent State and Federal regulations regarding air and water quality standards and health and safety criteria.

      3.   To minimize or prevent present and future hazards to public safety and welfare.

   B.   Simultaneous Excavation And Reclamation:

      1.   The reclamation or rehabilitation of natural resource sites with a projected life of more than one year shall be carried out simultaneously with the excavation of the resource. A few objectives of simultaneous excavation and reclamation are to prevent shallow, stagnant, small bodies of water, small unusable remnants of land and eroding, barren slopes all normally associated with open pit operations, except as providing stormwater detention facilities as described in a hydrologic report.

      2.   Excavations shall be planned so as to progressively develop the proposed final land forms by grading and by stockpiling overburdened materials in areas designated for future landforms or in excavations where the material will be spread over the pit floor where no future excavation is anticipated. Such areas are to be seeded and planted immediately after grading is completed or within appropriate planting seasons, but in any case, the grading and planting shall be completed within one year. The reclamation plan shall contain a description of the phased rehabilitation process throughout the anticipated life of the mine.

   C.   Final Reclamation: Final reclamation shall begin immediately for any site where operations authorized under a natural resources permit have been abandoned for a period of at least one year, or otherwise terminated. The final reclamation shall conform to the plan approved (including approved modifications) in the natural resources permit. All reclamation plans shall conform at least to the below listed minimum standards and requirements listed elsewhere in this chapter; provided however, that the Planning Commission may require more stringent standards where special hazards exist in order to protect the health, safety or general welfare of the public and to prevent injury to property or improvements.

      1.   Grading: Slopes, overburdened stockpiles and abandoned soil piles shall be graded and smoothed so as to control erosion and prevent the creation of potentially dangerous areas in accordance with the direction of the City Engineer.

      2.   Water-Filled Areas: All excavations which create standing water or ponds shall be refilled with inert materials. This requirement shall not apply, however, to any water-filled excavations scheduled to become an integral part of the final reclamation plan. The rehabilitation of these areas shall be done in such a manner that the ground water is not polluted as determined through consultation with the Davis County Health Department. Fill material shall be porous to allow for water dispersion unless otherwise specified in the reclamation plan.

      3.   Landscaping: Unless inconsistent with the final proposed use of the reclaimed land, the excavated areas and all other disturbed areas shall be replanted and maintained with trees, shrubs, grasses or other vegetative ground cover, preferably native to the area, in order to minimize erosion and to restore the land to a natural appearance, or to an appearance previously approved by the Planning Commission.

      4.   Removal Of Buildings And Equipment: As soon as excavation and/or manufacturing has been permanently terminated, all buildings and equipment (including electrical conduit) used in the administration of the operations, shall be removed, unless deemed necessary to the approved final use of the reclaimed site.

      5.   Excavation Closer To Property Lines: In the final year of excavation, the mining operation may as part of the reclamation project, excavate closer than forty feet (40') to any property lines, but only upon a showing of compelling mutual good and the approval of the Planning Commission and City Council.

   D.   Reclamation Verification: At the conclusion of mining operation and reclamation of the excavation site, the building and zoning inspector and City Engineer shall present to the Planning Commission a statement verifying the permit area has been reclaimed in compliance with the requirements of this chapter and reclamation plans previously submitted in compliance with this chapter. The Planning Commission shall certify to the City Council that all requirements of this chapter have been met. (1989 Code § 12-12-012)

Whenever an operator succeeds to the interest of another operator by sale, assignment, lease or other means, the Planning Commission may release the first operator from his responsibilities under his approved plans as described in section 10-6-5 of this chapter, including surety, provided the successor assumes all of the responsibilities of the former operator to the satisfaction of the Planning Commission under the approved operations and reclamation plans and the positing of surety. Upon satisfactory assumption of such responsibilities by the successor operator, under conditions approved by the Planning Commission, the responsibility of the total excavation site shall be transferred to the successor operator. (1989 Code § 12-12-008)

Any natural resources excavation permit issued shall be subject to revocation or modification by the Planning Commission, for cause, and in the following manner:

   A.   Notice Of Failure To Comply: A notice shall be served on the owner or the permittee by the building and zoning inspector or his representative specifying the failure to comply with the requirements of the natural resource zone or with any of the conditions set forth in the natural resources permit or this chapter, requiring him to appear before the Planning Commission at a designated date and hour to show cause why said permit should not be revoked or modified. (1989 Code § 12-12-007)

   B.   Hearing: Upon the date set for hearing, the Planning Commission shall hear all charges and other testimony relating to the matter under consideration. The Planning Commission shall then decide to either continue, revoke, modify or refer to the City Attorney for further action. (1989 Code § 12-12-007; amd. 1998 Code)

   C.   Modification Of Permit Plans: Modification of the natural resources permit plans may be initiated either by the Planning Commission or by the permittee where it is merely sought to effect minor revisions on the approved grading plan, schedule of proposed operation, proposed reuse plan or landscape plan. Consideration of such revisions need not require a public hearing; provided, that in the judgment of the Planning Commission the proposed revisions would not constitute significant changes; and providing also, that the permittee has not expressly requested that a public hearing be held. (1989 Code § 12-12-007)

Appeals from any decision of the Planning Commission with respect to a natural resources excavation permit may be directed to the City Council within thirty (30) days and in the manner prescribed for in this title. Upon the hearing of such appeal, the City Council may, by motion, affirm, reverse, or modify in whole or in part, any determination of the Planning Commission. (1989 Code § 12-12-009)