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. (Ord. 172-04, 3-2-2004)

Within one year after the adoption hereof, existing mining operations shall comply with the provisions set forth herein. (Ord. 172-04, 3-2-2004)

   A.   None of the special uses specified or implied authorizing the excavation of natural materials within the city 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.

   B.   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 commission for review and distribution. (Ord. 172-04, 3-2-2004)

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:

      1.   The legal description and/or address of the property;

      2.   The names of the property owners;

      3.   Lessees and/or operators; and

      4.   A designation of a person to serve as agent for service of process.

   B.   Premining Inventory And Analysis: A premining 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;

      2.   The possible impede of the proposed excavation on surrounding land;

      3.   The methods to be employed to mitigate any potentially negative effects;

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

   C.   Presite Inventory And Analysis: The applicant shall conduct a presite 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.   Dates: Proposed starting date and the anticipated period of operation;

      2.   Operations Development Plan: An operations development plan shown 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 following:

         a.   Stockpiles, milling and processing system;

         b.   Type and kinds of machinery and equipment, and 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 to be 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 schedule of proposed operations;

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

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

      3.   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:

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

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

         c.   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;

         d.   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;

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

         f.   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.

      4.   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. (Ord. 172-04, 3-2-2004)

   A.   Preapplication Meeting: The excavator or owner or their representative shall meet with city staff personnel to review the proposed preapplication plans for the excavation site. The preapplication plans shall be submitted in five (5) copies and will consist of the information requested in subsections 9-21-4A and B 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.

   B.   Review Of Preapplication:

      1.   Within a period of not more than seven (7) days following receipt of the application, the planning commission shall distribute copies of the preapplication 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 use for excavation under this chapter, 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.

      2.   Within forty five (45) days of receipt by the planning commission, the preapplication 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 preapplication 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 the final application. Following the public hearing, the planning commission shall review the application and shall make written recommendations to the city council, which shall have final approval or disapproval of the application. (Ord. 172-04, 3-2-2004)

   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 a financial guarantee 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 financial guarantee 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 financial guarantee reasonably related thereto, to protect the city and ensure compliance with the excavation permit, however, the amount of the financial guarantee shall not exceed one hundred percent (100%) of the estimated cost of rehabilitating the excavation. The financial guarantee shall be periodically reviewed to ensure that the amount of the bond is capable of insuring adequate reclamation.

   C.   Release: The liability under financial guarantee provisions shall continue until such time as released as to part or in its entirety, by the city council.

   D.   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 financial guarantee filed for this purpose forfeited. The city shall also have the right to file suit against the defaulting permittee for costs of rehabilitation and reasonable attorney fees. (Ord. 172-04, 3-2-2004)

   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 property line, except as may be reduced by the planning commission, 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 property line, 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 line.

      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 fenced, except where, in the determination of the planning commission, other suitable devices may be used.

   C.   Grading: All grading, to include 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 health department.

   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 that are isolated from other property owners and have access to major transportation routes with little disturbance to neighborhoods, or operations required to remain open for public emergency demands as determined by the city council. Excavation sites with carefully placed and landscaped berms can overcome any problems associated with day to day mining operations; this will greatly reduce possible negative impacts on adjoining properties.

   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 used for excavation under this chapter.

   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 and/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. (Ord. 172-04, 3-2-2004)

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, or any successor form. 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. (Ord. 172-04, 3-2-2004)

   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 degradation 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 landforms 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 resource 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 resource 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 groundwater is not polluted as determined through consultation with the 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 conduits) 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.

      6.   Reclamation Verification: At the conclusion of mining operation and reclamation of the excavation site, the building inspector, zoning administrator 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. (Ord. 172-04, 3-2-2004)

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 9-21-5 of this chapter, including financial guarantee, 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 posting of a financial guarantee. 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. (Ord. 172-04, 3-2-2004)

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 inspector or zoning administrator, or his representative, specifying the failure to comply with the requirements of this chapter 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.

   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.

   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. (Ord. 172-04, 3-2-2004)

Appeals from any decision of the planning commission with respect to a natural resources excavation permit may be directed to the appeal authority. (Ord. 172-04, 3-2-2004; amd. 2013 Code)