The Mining and Gravel Zone may be requested by the owner or authorized operator for property where the lot or parcel size matches or exceeds the minimum of 20 acres. The primary land use for this zone is mining or gravel extraction for commercial renumeration and in commercial quantities. extractive uses in the mining and gravel zone are collectively and generally called “resource extraction.” These requirements apply in addition to state law requirements regarding resource extraction. (Ord. 2024-1276-O, 11-19-2024)

Any use not specifically permitted, permitted with standards, or conditionally permitted is prohibited. Only the following uses are allowed:

   A.   Uses indicated by the letter “P” below are permitted uses in this zone.

   B.   Uses indicated by the letters “PS” are permitted uses with required standards in this zone. Uses must comply with the standards and evaluation criteria established in this title.

   C.   Uses indicated by the letter “C” are conditional uses in this zone.

   D.   Hours of operation:

      1.   From May 1 through October 31, all operations shall be conducted between the hours of 6:00 a.m. and 10:00 p.m.

      2.   From November 1 through April 30, all operations shall be conducted between the hours of 6:00 a.m. and 6:00 p.m.

      3.   No Sunday or holiday shifts.

      4.   Exception: At the written request of the applicant, the Planning Commission may consider and approve, modify, or deny a request for extended hours of operation for temporary concrete mixing and batching as part of the Mining and Gravel Permit. In extending the hours of operation, the Planning Commission shall consider the following: the proximity of the temporary operation to the construction site receiving the concrete; proximity of the operation to residential dwellings or zoning; increased noise disturbance; increased fugitive dust; additional mitigation requirements; and other relevant criteria for the particular request and based on the surrounding area.

   E.   All operations shall comply with local, state and federal law, and have a detailed rehabilitation and reclamation plan, and bond for performance of the plan, with all terms acceptable to the county in its sole discretion.

 

(Ord. 2024-1276-O, 11-19-2024)

The minimum lot area, width and yard requirements are as indicated below:

 

 

 

 

 

 

 

 

For Mining and Gravel operations with a property size of more than 300 acres, including any proximate or adjacent expansion area as determined by the county, the minimum lot width frontage is 200', and all setbacks are 500' (front and street side, side, and rear).

All setback areas shall remain fully undisturbed with natural vegetation except for the minimum area required for paved vehicle access. No storage of materials or equipment, parking of vehicles, weighing, or loading of vehicles, is permitted in the setback areas or the undisturbed natural vegetation areas. (Ord. 2024-1276-O, 11-19-2024)

Oil or gas exploration and extraction, ore refining or processing, smelting, or calcining, are industrial uses, and not permitted in the mining and gravel zone. Temporary concrete mixing and batching is permitted only as set forth herein. All mining and gravel development activity shall be conducted in the appropriate zone and with a required Mining and Gravel Permit. Grading in preparation for any future development shall be in a mining and gravel zone if it is conducted for the purpose of resource extraction for commercial renumeration and in commercial quantities. Such resource extraction shall not be conducted with a grading permit in another zone. All grading in excess of 7,500 cubic yards in the entire development area shall be conducted in a Mining and Gravel zone, and in such quantities is conclusively presumed to be for resource extraction for commercial renumeration. (Ord. 2024-1276-O, 11-19-2024)

Connection shall be made to public water, electric, and sewer facilities, unless waived by the county engineer or designee upon demonstration of an equivalent alternative acceptable to the county. All utilities shall be located underground, unless an alternative acceptable to the county is approved by the county engineer or designee. The site shall have frontage on and access to a collector or arterial street, provided the authority with jurisdiction over the subject road may approve alternative access. County may consider an applicant’s proposed Mining and Gravel Plan that requests a modification to the required frontage on a collector or arterial road upon submission of a proposed easement in lieu of required frontage (“easement in lieu”). The easement in lieu shall be presented with the Plan, and recorded after approval of the Plan, with written terms satisfactory to county. The easement in lieu shall have a minimum width of 50 feet, and the construction standards for the easement area providing access to the Mining and Gravel operation shall meet the standards for internal roads set forth below. Acceptance of an easement in lieu is in county’s sole discretion. (Ord. 2024-1276-O, 11-19-2024)

   A.   Internal Roads. All onsite roads shall be maintained in a reasonably dust-free condition. This may include, depending on conditions, watering, oiling, or paving. County requirements for onsite roads shall be set forth in the Mining and Gravel Permit. Onsite roads may move with phasing and shall be shown on the site plan or updated site plan. The onsite access drives or easement areas from the site to the public right of way shall be paved with asphalt or concrete for a minimum distance of 100 feet. They shall be limited to a reasonable width given the type of trucks and equipment used in the operation. All dust, dirt, mud or other debris from vehicles shall be removed before leaving the onsite roads or easement areas and entering the public right of way. If the public roadway from the site is not engineered and designed to withstand the weight of trucks hauling material from the Mining and Gravel site, the owner or authorized operator is required to improve the connector road from the site out to the road that is a fully engineered and designed public road. The connector road shall be engineered and designed to withstand the expected 20-year life of the pavement, and shall be improved at owner or authorized operator’s sole expense. Any damage to the off-site public roads caused by the repetitive use by the mining or gravel operation shall be repaired at the owner or operator’s sole expense.

   B.   Limitations. All sites shall be subject to the Performance Standards for Manufacturing found in County ORD 10-11-4. If standards in title 10, chapter 12 are more restrictive than the Performance Standards for Manufacturing, the more restrictive standard applies over the more general. Noise from the mining and gravel operation, or from any temporary concrete mixing and batching plant, is limited to the approved hours of operation only. No mining or gravel zone or site shall be used for storage or dumping of junk or trash as defined in titles 4 and 10. Junk, trash, or debris is additionally defined as dead or dying vegetation, combustible material, landscape debris, or construction debris. Property in the mining and gravel zone shall not be used as a landfill or dump site.

   C.   Setback to Dwellings: All resource extraction, overburden, and storage areas shall have a minimum 100 foot setback from any dwelling or accessory dwelling in the Mining and Gravel zone or on any adjacent parcel zoned OST that has a current, existing, and valid CUP for an allowed use in the M-G zone, and a minimum 200 foot setback from any dwelling or accessory dwelling on any adjacent lot or parcel in any other zone. All crushers or concrete mixing and batching plant operations, shall have a minimum radius setback of 400 feet from the operation to any dwelling or accessory dwelling on the property or on an adjacent lot or parcel.

   D.   Parking: One space for each employee on the shift with the highest number of employees, and one space for each vehicle used in association with the resource extraction. The designated parking spaces shall be separated from the active resource extraction areas and shown on the site plan. Designated parking spaces may move with phasing, but must remain separated from the active resource extraction areas.

   E.   Responsibility: The owner and authorized operator are jointly responsible for compliance with all laws and county requirements. All required applications, documents, plans, and performance assurances shall be submitted and approved by the county prior to commencement of construction or operation. Any change in the owner or authorized operator requires the express, written approval of the county, including assumption of the duties and responsibilities to perform operations in compliance with county approvals, and including new performance assurances.

   F.   Laws. All operations, emissions, water use, or discharges shall conform to Utah Department of Environmental Quality standards, as well as all local, state, and federal laws and regulations. (Ord. 2024-1276-O, 11-19-2024)

   A.   Along with the Mining and Gravel Plan, the owner or authorized operator shall submit a Rehabilitation and Reclamation Plan, and obtain Planning Commission approval at a public meeting. All details in the Rehabilitation and Reclamation Plan are subject to county approval. The Rehabilitation and Reclamation Plan shall contain the following, minimum information:

      1.   A detailed description showing proposed final rehabilitation and reclamation, finished contours, backfill, grading, slope, and drainage. A description of the proposed topography of the area after resource extraction, and the rehabilitation and reclamation, with contour lines in sufficient detail to portray the direction and rate of slope of the land being rehabilitated or reclaimed. Include rehabilitation and reclamation of all resource extraction areas, as well as all stockpile and overburden areas. All slopes shall be stabilized and revegetated in a manner approved by the county and compatible with the original, natural environment, to county’s satisfaction. Detail all proposed erosion control mitigations.

      2.   Detail conformance with state rehabilitation and reclamation standards, regulations and requirements, including, but not limited to Utah Administrative Code sections 647-3-107 through 109, and 647-4-111, as amended. At a minimum, highwall slopes shall be stabilized at a slope of 3:1 or less from toe to crest. Benching is permitted. Reclaim and stabilize highwalls by backfilling or cutting to achieve the required slope angle.

      3.   A detailed description of rehabilitation and reclamation activity during and after the resource extraction activity. Rehabilitation and reclamation activity is required during all phases of resource extraction, and thereafter until the Rehabilitation and Reclamation Plan is complete. Rehabilitation and reclamation activity shall be continuous throughout execution of the Plan, and failure to continuously comply may result in the denial, revocation, or non-renewal of the Mining and Gravel Permit, or the county business license. Failure to continuously comply with the Rehabilitation and Reclamation Plan is automatic grounds for denial or non-renewal of any county permit or business license.

      4.   Placement and amount of topsoil, planting, and revegetation. The type, character, and density of proposed revegetation. A protection plan for vegetation establishment, maintenance, and replacement.

      5.   Proposed fencing, buffering, or screening that will remain or be removed.

      6.   Proposed removal of all equipment and structures.

      7.   Proposed removal of all waste including tailings, residue, contaminated soils, liners or fluids.

   B.   The Rehabilitation and Reclamation Plan shall be followed. Minor changes to the Rehabilitation and Reclamation Plan may be considered, approved, modified, or denied by the Community Development and Public Works departments or designees. Substantial changes to the Rehabilitation and Reclamation Plan shall be considered, approved, modified, or denied by the Planning Commission at a public meeting. The Community Development director or designee determines, in the county’s sole discretion, if the proposed changes to the Rehabilitation and Reclamation Plan are minor or substantial.

   C.   Rehabilitation and reclamation shall be completed within six months of completion of a phase. Final rehabilitation and reclamation shall be completed within six months of the cessation of operations under the Mining and Gravel Plan. In some instances, post-closure monitoring may be required by the county. If it is required, it shall continue after the six month rehabilitation and reclamation deadline to county’s satisfaction. Upon timely request, the Community Development director may grant a six month extension for any phase of the Rehabilitation and Reclamation Plan. Any additional extensions shall be considered by the Planning Commission at a public meeting. Cumulative extensions from the Community Development and the Planning Commission regarding the Rehabilitation and Reclamation Plan shall not exceed three years total related to the property and its phases.

   D.   A Memorandum of Terms of the Reclamation and Rehabilitation Plan, with provisions acceptable to the county, shall be executed and acknowledged by the owner, the authorized operator, and the county, and recorded in the Washington County Recorder’s office respecting the property, stating that the duty to perform under the Rehabilitation and Reclamation Plan runs with the land and binds all subsequent owners and operators of the property. (Ord. 2024-1276-O, 11-19-2024)

The owner or authorized operator shall be financially capable of constructing, operating, and properly closing the site, including any rehabilitation, reclamation, and post-closure monitoring. All mining and gravel operations are required to provide performance assurance prior to issuance of a Mining and Gravel Permit to assure that the Mining and Gravel Plan, and the Rehabilitation and Reclamation Plan, are followed and completed. The performance assurance shall be a cash bond or cash escrow under terms acceptable to the county. The amount of the performance assurance shall be 100% of the total estimated cost of rehabilitation, reclamation, post-closure monitoring, and reasonable costs of enforcement. Applicant shall provide an itemized estimate of the costs, prepared by a licensed engineer, which shall be reviewed, accepted, modified, or rejected by the county. In its sole discretion, the county may rely on performance assurance provided to the state for the resource extraction and reclamation activity. (Ord. 2024-1276-O, 11-19-2024)

Once the Mining and Gravel Plan, the Rehabilitation and Reclamation Plan, and the performance assurance have been approved and accepted by the county, the applicant can obtain a Mining and Gravel Permit and a business license. Resource extraction shall not commence until all approvals, permits and licenses are obtained, including a Hillside Development Permit if needed. The Mining and Gravel Permit and business license are valid for one year at a time. A yearly county inspection shall be conducted by the Community Development department, and if the operator is in compliance with the Plan, it can obtain a renewal without further action. If the owner or authorized operator are not in compliance with the Plan, they have 30 days to correct non-compliant items identified by the county at the yearly inspection and ask for a reinspection. If still not in compliance, the Plan and business license are automatically revoked and not renewed. The owner or authorized operator will be sent a Revocation Letter, notifying of the automatic revocation or nonrenewal by mail, deemed effective three business days after mailing. If the operations continue three business days after mailing of the Revocation Letter, the owner and authorized operator will be fined $500 a day until operations cease. If the owner or operator fail to cease operations after an additional ten business days, the fine will increase to $1,000 a day. The owner or authorized operator then would have to resubmit a Mining and Gravel Plan, obtain county approvals of the plan, and obtain a new Mining and Gravel Permit and business license. It is the owner or authorized operator’s duty to request a yearly inspection a minimum of 30 days before permit expiration, and obtain all inspections necessary for yearly renewals. The Planning Commission may consider, and approve, modify, or deny the plans presented by the owner or authorized operator. Upon approval of plans by the county, a copy shall be placed on file in the community development department. (Ord. 2024-1276-O, 11-19-2024)

The owner or authorized operator shall request and obtain a yearly site inspection from the Community Development Department or its designee and demonstrate compliance with the approved plans. This inspection is mandatory prior to yearly renewal of the Mining and Gravel Permit, or the business license. Additional inspections may be conducted by the county to ensure that the site complies with the conditions approved in the plans. Failure to comply with the inspection requirements, or failure to demonstrate compliance with the approved plans, may also result in other penalties provided in county ordinances. Applicant has a continuous duty to demonstrate that it intends to complete the resource extraction according to the Mining and Gravel Plan, and the Rehabilitation and Reclamation Plan, and in the time allotted in the approvals. (Ord. 2024-1276-O, 11-19-2024)

If the owner or authorized operator has not performed substantial onsite operations, including resource extraction for commercial renumeration and in commercial quantities, for a period of more than one year, all approved plans are automatically deemed expired. No resource extraction can resume without a new application and approvals under title 10, including compliance with new standards and regulations for resource extraction. (Ord. 2024-1276-O, 11-19-2024)

All mining and gravel operations approved as a conditional use permit or otherwise, prior to adoption of the title 10, chapter 12, Mining and Gravel zone, may continue to operate in the zone in which they were approved, and strictly under the conditions of the approved conditional use permit. Any substantial change to an existing conditional use permit, that was approved prior to adoption of the Mining and Gravel zone, requires compliance with the provisions herein, chapter 12, sections 7 through 10. The Community Development director or designee determines, in the county’s sole discretion, if the proposed changes to the conditional use permit are minor or substantial. If a pre-existing conditional use permit has expired or terminated, the applicant shall seek and obtain a zone change to Mining and Gravel, and shall seek and obtain a Mining and Gravel Permit, before recommencing or continuing resource extraction. (Ord. 2024-1276-O, 11-19-2024)