The purpose of this chapter is to establish reasonable and uniform limitations, safeguards and controls for mining and accessory uses which will allow for the reasonable use of an important city resource. These regulations shall also ensure that mining activities will be conducted in harmony with the environment and other uses of land within the city and that mineral sites will be appropriately reclaimed. (Ord. 03-04, 8-5-2003)

Unless otherwise indicated herein, the purpose, intent and provisions of this chapter shall be and are automatically imposed and made a part of any permit for mining development issued by the city. (Ord. 03-04, 8-5-2003)

Unless otherwise defined herein, or unless the text clearly indicates otherwise, the definition of "mining" shall be the surface or subsurface extraction of aggregate, minerals, sand or other natural resources. (Ord. 03-04, 8-5-2003)

No mining related use may commence without the appropriate conditional use permit required pursuant to this title. The issuance of a conditional use permit shall not relieve the operator of the responsibility of securing and complying with any other permit which may be required by other city ordinances, or state or federal laws. No condition of a conditional use permit for uses allowed by this title shall be interpreted as permitting or requiring any violation of law, or any lawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply; the stricter one shall take precedence. (Ord. 03-04, 8-5-2003)

The general guidelines that follow shall be used in the development of conditions, which will help ensure that mining projects generate minimal negative impacts on the environment. The guidelines shall be applied unless the strict application of a particular guideline(s) would otherwise defeat the intent of other guidelines. An applicant should use the guidelines in the design of the project and anticipate their use as permit conditions.

   A.   All mining and reclamation shall be consistent with the city master plan.

   B.   Mining and accessory uses of less than nine (9) months in duration are not renewable nor are such uses allowed to continue operating for any reason beyond nine (9) months after issuance of the permit.

   C.   No provisions in this title or in the city master plan shall be construed to encourage any mining operation or facility which would endanger the public's health, safety or welfare, which would endanger private or public facilities or which would prohibit the alleviation of a hazard by hampering or precluding such activities as the maintenance, restoration or construction of public works facilities.

   D.   In general, projects shall be located, designed and operated so as to minimize their adverse impact on the physical and social environment, including natural resources. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetic impacts, traffic impacts and other factors of nuisance and annoyance, erosion and flooding shall be reduced to a minimum or eliminated through the best accepted mining and reclamation practices, applicable to local conditions, which are consistent with contemporary principles and knowledge of resource management, flood control engineering and floodplain management.

   E.   The extraction of aggregate, mineral, sand, and other natural resources shall strike a reasonable balance with other resource priorities such as water, agricultural land, fish and wildlife and their habitat, sediment for replenishment and the protection of public and private structures and facilities.

   F.   The extraction of aggregate, mineral, sand, and other natural resources in rivers and streams shall allow for the ongoing maintenance of viable riparian ecology by preserving as many natural stream elements as practical. Mining operations may provide for the enhancement of some riparian ecosystems as a mitigation to compensate for significant adverse environmental effects on other riparian ecosystems, thereby preserving the overall quality of the riparian environment.

   G.   Appropriate and reasonable monitoring and enforcement measures shall be imposed on each mining operation, which will ensure that all permit conditions, guidelines and standards of this chapter are fulfilled.

   H.   Reclamation of a site shall include the removal of equipment and facilities and the restoration of the site so that it is suitable for subsequent uses which are consistent with the plans for the area as well as the existing and proposed uses in the general area. Reclamation shall be conducted in phases on an ongoing basis, where feasible.

   I.   The department of community development shall use the following procedure in reviewing the application for a permit:

      1.   Upon receipt of the application, the department shall stamp the application as received.

      2.   The department shall have thirty (30) days in which to find the application complete or incomplete.

      3.   If the application is found to be complete:

         a.   The applicant shall be notified in writing.

         b.   The department shall schedule a duly noticed public hearing before the planning and zoning commission for review of the conditional use permit and environmental documents.

      4.   If the application is found to be incomplete:

         a.   The applicant will be notified in writing no less than fifteen (15) days from the finding of incompleteness.

         b.   The written notification shall contain the reasons for the finding of incompleteness.

         c.   The applicant may then resubmit the application once he/she has complied with the items found lacking in the original application.

         d.   The department shall then review the second submittal for completeness within the same parameters used in the first review.

         e.   The department shall be constrained to review only those items that were cited in the incompleteness letter unless it can justify why it must expand its review to other issues.

      5.   An application shall only be considered as filed once an application is found to be complete. This is an important distinction since the applicant shall not gain any vested rights until the letter of completeness is written by the department. The department shall use the following (but not limited to) criteria in its review for completeness:

         a.   The department may not find an application complete until such time as a full environmental assessment has been performed up to and including an environmental impact statement.

         b.   The applicant must provide all information required on the application form.

         c.   The applicant must comply with all requirements of this chapter.

         d.   The applicant must meet all the requirements of this code including, but not limited to, titles 3, 7, 8, 9, 10, 11 and 12 of this code.

         e.   A finding of incompleteness shall be rendered if the department has rational for not being able to complete the review in the allotted time period.

         f.   The planning and zoning commission shall review the application and make comments which shall be incorporated into the review process by the department. (Ord. 03-04, 8-5-2003)

The following are minimum standards and requirements which shall be applied pursuant to subsection B of this section:

   A.   General Mining Standards: Projects shall be located, designed, operated and notice of their activities provided so as to minimize their adverse impact on the physical and social environment and natural resources. To this end, dust, noise, vibration, noxious odors, intrusive light, aesthetics, traffic impacts and other factors of nuisance and annoyance, erosion and flooding shall be reduced to a minimum or eliminated through the best accepted practices which are applicable to local conditions and incident to the exploration for and extraction of aggregate, mineral, sand, and other natural resources. In addition, mitigation measures should be consistent with contemporary principles and knowledge of resource management, flood control engineering and floodplain management. Further, posting of signs and notification to neighboring property owners of the project's activities shall be required where necessary.

   B.   Setbacks: No processing equipment or facilities shall be permanently located and no mining shall occur within the horizontal setbacks specified below:

      1.   One hundred feet (100') of any dedicated public street or highway unless the community development department determines a lesser distance would be acceptable;

      2.   One hundred feet (100') of any dwelling not accessory to the project;

      3.   Two hundred feet (200') of any institution, school or other building used as a place of public assemblage. Other facilities and structures shall be set back distances which are applicable for accessory structures for the zone in which the use is located.

   C.   Obstruction Of Drainage Courses: Mining operations, access roads, facilities, stockpiling of mineral resources and related mining activities shall be consistent with current engineering and public works standards and in no case shall obstruct, divert, or otherwise affect the flow of natural drainage and floodwaters so as to cause significant adverse impacts, except as authorized by the public works agency.

   D.   Control Of Contaminants, Runoff And Siltation: Contaminants, water runoff and siltation shall be controlled and generally contained on the project site so as to minimize adverse off site impacts.

   E.   Dust Prevention: The project site and all roads or hauling routes located between the public right of way and the subject site shall be improved or otherwise treated as required by the city and maintained as necessary to prevent the emanation of dust.

   F.   Light Emanation: Light emanation shall be controlled so as not to produce excessive levels of glare or abnormal light levels directed at any neighboring uses.

   G.   Painting: All permanent facilities and structures on the site shall be colored so as to mask facilities visible from surrounding uses and roadways in the area. Said colors shall also take into account such additional factors as heat buildup and designation of danger areas. Said colors shall be approved by the director of community development prior to painting of facilities.

   H.   Site Maintenance: The permit area shall be maintained in a neat and orderly manner so as not to create unsightly conditions visible from outside the permitted area or any hazardous conditions. Equipment and materials may be stored on the site which are appurtenant to the operation and maintenance of mining operations.

   I.   Reclamation Plan: The purpose and intent of a reclamation plan shall be to return the property to its original natural state. If such a goal cannot be met due to physical constraints (not monetary) then the applicant shall strive to create a reuse plan that will be of benefit to the community. No mining permit shall be approved without an approved reclamation plan which is:

      1.   Consistent with city engineering standards;

      2.   Consistent with any and all locally adopted resource management goals and policies;

      3.   Compatible with the existing geological and topographical features of the area, and that considers the following criteria in its design:

         a.   The creation of safe, stable slopes and the prevention of subsidence;

         b.   Control of water runoff and erosion;

         c.   Protection or enhancement of views of the site from surrounding areas;

         d.   Availability of backfill material;

         e.   Proposed subsequent use of the land which will be consistent with the general plan and existing and proposed uses in the general area;

         f.   Removal or reuse of all structures and equipment;

         g.   The time frame for completing the reclamation;

         h.   Provisions of appropriate securities to ensure completion of approved reclamation plans if the city will need to contract to have the work performed;

         i.   Revegetation of the site;

         j.   Phased reclamation of the project area;

         k.   Removal of equipment. All equipment on the project site shall be removed from the site within one hundred eighty (180) days of the termination of the use, unless a time extension is approved by the director of community development.

   J.   Application Of Sensitive Use Related Standards: The imposition of regulations on mining operations, which are based on distances from occupied sensitive uses, shall only apply to those occupied sensitive uses which were in existence at the time the permit for the subject mining operations was approved. The provisions of this section shall continue for the life of the permitted mining operations at the subject site.

   K.   Reporting Of Accidents: The permittee shall immediately notify the director of community development of any incidents such as fires, explosions, spills, land or slope failures or other conditions at the permit site which could pose a hazard to life or property outside the permit area. Upon request of any city agency, the permittee shall provide a written report of any incident within seven (7) calendar days which shall include, but not be limited to, a description of the facts of the incident, the corrective measures used and the steps taken to prevent recurrence of the incident.

   L.   Contact Person: The permittee shall provide the director of community development with the current name(s) and/or position title, address and phone number of the person who shall receive all orders, notices and communications regarding matters of condition and code compliance. The person(s) in question shall be available by phone during the hours that activities occur on the permit site, even if this means twenty four (24) hours a day.

   M.   Current Mining Plans: For mining projects located in sensitive areas which operate under regularly changing environmental conditions (e.g., in river mining), a mining plan shall be prepared by the permittee on a regular basis in accordance with the applicable conditions of a project's permit. Said plan shall describe how mining over the next interval will be conducted in accordance with the intent and provisions of the project's use permit. The plan shall be reviewed and approved by the city at the permittee's expense. The review and approval of current mining plans shall not be used in lieu of the formal modification process to change the text and drawings of the permit conditions.

   N.   Permit Review: Monitoring of the permit or aspects of it may be required as often as necessary to ensure compliance with the permit conditions. In any case, the permit and site shall be reviewed and inspected by the community development department at least once every three (3) years. The purpose of said review is to ascertain whether the permittee is in compliance with all conditions of the permit, and whether there have been significant changes in environmental conditions, land use or mining technology, or if there is other good cause which would warrant the director of community development's filing of an application for modification of the conditions of the permit. If such an application is filed, it shall be at the city's expense and modification of conditions would not occur without a duly noticed public hearing.

      0.   Enforcement Costs: Permit conditions shall be imposed which will enable the city to recover the reasonable and appropriate costs necessary for the reviewing and monitoring of permit operations and the enforcing of the applicable requirements of the zoning ordinance and the conditions of this permit.

   P.   Civil Penalties:

      1.   In case of any failure by the permittee to perform or comply with any term or provision of the condition use permit, the final decision making authority that would act on the permit may, after notice to the permittee and a public hearing, determine by resolution the amount of the civil penalty to be levied against the permittee. Said penalty shall be paid within thirty (30) days unless the penalty is under appeal. Failure to pay the penalty within the allotted time period shall be considered grounds for suspension of the subject use.

      2.   The maximum penalty that can be levied against a permittee per incident at any given time shall be in accordance with the amounts set forth below. The amounts for a given permit may be increased to adjust for inflation pursuant to the conditions of the subject permit.

Total Permitted Extraction   Applicable Civil

(Life Of The Project)   Penalty Ceiling

Less than 10,000 cubic yards   $10,000.00

10,000 to 99,999 cubic yards   15,000.00

100,000 to 999,999 cubic yards   25,000.00

1,000,000 plus cubic yards   50,000.00

   Q.   Performance Securities: Performance bonds or other securities shall be imposed on any permit to ensure compliance with certain specific tasks or aspects of the permit. The amount of the security shall be based upon the actual anticipated costs for completing the subject task if the city were forced to complete it rather than the permittee.

   R.   Insurance: The permittee shall maintain, for the life of the permit, liability insurance of not less than five hundred thousand dollars ($500,000.00) for one person and one million dollars ($1,000,000.00) for all persons, and two million dollars ($2,000,000.00) for property damage. This requirement does not preclude the permittee from being self-insured. (Ord. 03-04, 8-5-2003)