HomeMy WebLinkAbout[13] Stearns County Zoning Ordinance - MiningStearns County Zoning Ordinance This Section last amended June 17, 2008
7.12 Mining
7.12.1 Required Permits
A. When permitted as an interim use in any applicable zoning district,
Mining Operations may be allowed as an interim use subject to the
procedures set forth in Section 4.18 of this Ordinance, unless otherwise
provided for in Section 7.12.1 B and C of this Ordinance.
B. In lieu of an interim use permit, property owners outside of any
shoreland or floodplain overlay district may secure an administrative
mining permit from the Department, provided all the following
conditions are met:
(1) A maximum of 10,000 cubic yards of material shall be removed
from the Mining Operation;
(2) The Mining Operation will be commenced, completed and
rehabilitated within a twelve (12) month period;
(3) Only one administrative mining permit may be issued in any
quarter - quarter section of land;
(4) All other requirements of Section 7.12 of this Ordinance shall
apply, unless otherwise determined by the Department.
C. Existing, pre - ordinance Mining Operations.
(1) Existing, pre - ordinance Mining Operations are those Mining
Operations that are currently being used or those that have records
showing continuous use within the past five (5) years on a Lot of
Record. Continuous use shall be defined as the removal of at least
five hundred (500) cubic yards of material every year.
(2) Owners of existing pre - ordinance Mining Operations shall register
with the Department within two (2) years of adoption of this
Ordinance on forms provided by the Department. A reclamation
plan completed in accordance with Section 7.12.3, Part Six and
Section 7.12.5 of this Ordinance shall be submitted with the
registration. Operators of existing pre - ordinance Mining
Operations may continue operation during the registration and
review process. The registration shall remain in effect and allow
the operation to continue as long as the operation remains in
compliance with the minimum standards of this Ordinance.
Owners of existing pre - ordinance Mining Operations whose
operations are not in compliance with Section 7.12.1 C of this
Ordinance are not eligible for registration shall apply for an interim
use permit.
(3) If it is determined by the Department that an existing, pre - ordinance
Mining Operation poses a potential or real environmental hazard or
otherwise has a potential or real negative impact on the health,
safety or welfare of the residents of the County, the Mining
Operation shall immediately be subject to the provisions of Section
4.18 of this Ordinance and the owner shall apply for an interim use
permit.
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Stearns County Zoning Ordinance This Section last amended June 17, 2008
7.12.2 Operations Regulated
Operations regulated by this Section shall be the mining of granite and the
mining, crushing, washing, refining or processing of sand, gravel, rock,
black dirt, peat, soil and other minerals, and the removal thereof from the
site. Operations not regulated by this Section shall include the following:
A. The removal of materials associated with the construction of a building
or on -site sewage treatment system permitted by the Department;
B. The removal of materials in accordance with the development of
approved plats, and the site preparation for utilities or highway
construction;
C. The construction, modification or expansion of Animal Feedlots and
Manure Storage Areas, Structures or Facilities authorized by the
Minnesota Pollution Control Agency or the Department;
D. Sod harvesting or removal;
E. Wildlife ponds constructed in accordance with Minnesota Rules,
chapter 8420; or successor rules.
7.12.3 Application requirements
The following information shall be provided by the person requesting an
interim use permit for a Mining Operation:
Part One: General Information
A. The name and address of the applicant.
B. The name and address of the owner of the land.
C. The address and legal description of the land involved in the application
D. The total area, in acres, of the land to be affected by the project. Include
areas for future expansions, stockpiling, processing, haul roads,
settling basins, berms, topsoil storage areas and parking areas
E. List other permits necessary for this project, indicate their status and
provide a copy for the Department.
Part Two: Pre - mining Conditions
A. Describe current land uses within one -half mile of the project area.
B. Indicate if the project area is located within 1,000 feet of the shoreline
of a lake or within 300 feet from the bank of a watercourse or the
landward extent of a floodplain designated by local ordinance.
C. Indicate the observed or estimated groundwater elevation in the project
area and reference that depth to a permanent benchmark. An elevation
benchmark shall be established in an area not to be disturbed by the
Mining Operation.
D. The following maps of features within 100 feet of the site, drawn at a
scale of one (1) inch to 100 feet and one reproducible 11 "x17" copy,
unless otherwise provided in this Section:
Map A — Existing Conditions
(1) Contour map in two (2) foot intervals
(2) Existing vegetation
(3) Wetlands and existing surface water drainage patterns
(4) Existing structures
(5) Existing wells
Map B — Proposed Operation
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Steams County Zoning Ordinance This Section last amended June 17, 2008
(1) Future structures.
(2) Location of sites to be mined, including depth of proposed
excavation.
(3) Location of machinery to be used in the Mining Operation.
(4) Location of storage of mined materials, showing maximum height
of storage deposits.
(5) Location of vehicle parking, access roads and local routes to truck
routes.
(6) Location of storage areas for explosives.
(7) Erosion and sediment control structures.
(8) Cross - section sketch of the proposed Mining Operation.
(9) Location of the leak containment structure(s) for servicing trucks
and machines in the event of a petrochemical leak or spill.
Map C — End Use Plan
(1) Final grade of proposed site showing elevations and contour lines
at two (2) foot intervals.
(2) Location and species of vegetation to be replanted.
(3) Reclamation staging plan.
E. A soil erosion and sediment control plan
F. A plan for dust and noise control
G. A complete description of all phases of the proposed operation to
include an estimate of duration of the Mining Operation, location and
approximate acreage of each stage and time schedule for reclamation.
H. The highway, street or streets, or other public ways in the County upon
and along which any material is to be hauled or carried.
I. A security statement by the applicant demonstrating the proposed
activity will in no way jeopardize the public health, safety and welfare
or is appropriately fenced to provide adequate protection.
J. A statement by the applicant for compliance with all conditions of the
interim use permit.
K A written right -of -entry given to the Department to enter the land for
the purpose of determining compliance, at any time, with all applicable
conditions imposed on the operation.
Part Three: Mitigating Impacts
A. List the air, land and water resources that may be impacted by this
project, identify impacts and describe measures that will be taken to
mitigate those impacts, including, but not limited to noise, volatile
organic compounds (VOC), dust and particulate matter.
B. Describe measures that will be taken to screen the operation from view
of surrounding land uses or an explanation of why such measures are
not needed.
C. Describe erosion control practices that will be used during mining. If
no measures will be used, explain why none are needed.
D. If required by the Department, provide copies of any air, water or soil
monitoring conducted for any other local, state or federal agency.
Part Four: Description of Mining Activities_
Proposed Mining Methods
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Stearns County Zoning Ordinance This Section last amended June 17, 2008
A. Describe the sand and gravel products that will be mined from the
project area.
B. Describe how the sand and gravel will be mined and what equipment
will be used.
C. Describe how the material will be transported from the site, the
proposed route of transport and the ultimate destination.
D. Describe the methods that will be used to retain topsoil.
E. Estimate the volume of material in cubic yards to be mined in the
period covered by this permit.
F. List the months, days and hours in which mining activities are
expected to occur.
G. Describe the methods used to control dust on haul roads.
H. Identify the number of employees expected to work at the site and the
facilities that will be provided.
I. Describe dewatering activities and estimate the volume of water to be
discharged from the site.
Proposed Processing Methods
A. Describe the processing methods that will be used at the site.
B. List the proposed hours of operation for the processing facilities.
C. Describe the volume of water needed for gravel washing activities and
the source of the water.
D. Describe how chemical substances will be stored on the site.
Part Five: Staging of Operations
A. Describe the projected life of the operation, including beginning and
ending of operations and any phases or stages.
B. Describe the progressive reclamation activities that will occur over the
life of the operation.
C. Describe the methods that will be used at the cessation of seasonal
operations to stabilize slopes from erosion.
D. Describe the interim reclamation methods that will be used if the site
will become inactive at the close of current operations for unspecified
periods of time.
Part Six: Proposed Reclamation
A. Describe the proposed reclamation, including final slopes, high wall
reduction, benching, terracing and other structural slope stabilization
measures.
B. Describe anticipated topography, water impoundments, artificial lakes
and future land use of the site.
C. Describe plans for the disposal of surface structures, roads and related
facilities after completion of mining.
D. Describe the methods proposed for the disposal or reclamation of
oversize and undersize materials.
E. Describe or attach a copy of a seeding plan that includes methods of
seedbed preparation, seed mixtures, seeding rates, mulching and other
techniques needed to accomplish site stabilization.
F. Describe long -term maintenance needed to support reclamation.
G. Provide an estimate of the reclamation cost of each phase of the project
or the entire site if phasing is not planned.
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Stearns County Zoning Ordinance This Section last amended June 17, 2008
7.12.4 Performance Standards
The following performance standards shall apply to all Mining Operations
approved after the effective date of this Ordinance:
A. General Provisions. All equipment used for Mining Operations shall
be constructed, maintained and operated in a manner as to minimize,
as far as practical, noise, dust and vibrations adversely affecting the
surrounding property. Additionally, the excavation shall be properly
gated and fenced.
B. Water Resources. The Mining Operation shall be conducted in such a
manner as to minimize interference with the surface water drainage
outside the boundaries of the Mining Operation.
C. Safety Fencing. Safety fencing may be required around all or portions
of the Mining Operation at the discretion of the Planning Commission.
Any Mining Operation(s) adjacent to a residential zone, or within three
hundred (300) feet of four (4) or more residential structures, shall
adhere to the following standards:
(1) Where collections of water occur that are one and one -half (1 %2)
feet or more in depth exist for any period of grater than seven (7)
consecutive days and occupy an are of seven hundred (700) square
feet or more, all access to such collections of water shall be barred
by a fence or similarly effective barrier of at least four (4) feet in
height with support posts spaced no farther apart than ten (10) feet.
In locations where slopes occur that are steeper than one (1) foot
vertical to three (3) feet horizontal existing for a period of seven
(7) days or more, access to such slopes shall be barred by a fence
or some similarly effective barrier of at least four (4) feet in height
with support posts spaced no farther apart than ten (10) feet.
(2) As an alternative to the fencing requirements of Section 7.12.4
C(1) and (2) of this Ordinance, the entire perimeter of the property
on which a Mining Operation is located may be fenced or
protected by some other similarly effective barrier of at least four
(4) feet in height with support posts spaced no farther apart than
ten (10) feet.
D. Mining Access Roads. The location of the intersection of mining
access roads with any public roads shall be selected such that traffic on
the access roads will have a sufficient distance of public road in view
so that any turns onto the public road can be completed within a
margin of safety as determined by the Public Works Director. Access
roads connecting to public roads shall be sufficiently wide to
accommodate two -way hauling traffic. A truck staging area shall be
provided on the applicant's property. Trucks shall not queue on public
roads while waiting to load or unload. Ingress and egress points from
or onto any public road or highway shall be clearly signed "TRUCKS
HAULING" advising traffic in both directions of this activity.
Intersections of public roads with access roads shall be maintained by
the mine operator, and shall be kept clean and free from excessive
mud, debris or asphalt tracked out from the mining site. Intersections
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Stearns County Zoning Ordinance This Section last amended June 17, 2008
of public roads with access roads shall be repaired by the mine
operator if the public road surfaces or shoulders in the mining area
have broken down due to repeated traffic by mining trucks or
equipment. Turn lanes shall be constructed on public roads at the
entrance to the mining site if determined necessary by the appropriate
road authority. The need for road improvements, maintenance or
repair will be determined by the Minnesota Department of
Transportation in the case of state highways; by the Steams County
Public Works Director in the case of County roads; and by the
appropriate Township Board of Supervisors in the case of Township
roads.
E. Screening Barrier. To minimize problems of dust and noise and to
shield Mining Operations from public view, a screening barrier may be
required between the mining site and adjacent properties or public
roads. If a screening barrier is required by the Planning Commission,
the barrier shall be maintained between the mining site and any public
road within five hundred (500) feet of any mining or processing
operations. The screening barrier shall be planted with a type of fast
growing trees agreed upon between the applicant and the Department.
In all cases, existing trees and ground cover along a public road and
property line shall be preserved and maintained for the depth of the
setback, except where traffic safety requires cutting and trimming or
except where alteration or destruction of the trees and/or ground cover
is necessary for an approved reclamation plan.
F. Setback. The following setback requirements shall apply to Mining
Operations:
(1) The processing of mined materials shall not be conducted closer
than 100 feet to the property line, nor closer than 500 feet to any
residential dwelling unit.
(2) Unless approved in writing between the affected property owner
and the mining operator, mining of any materials shall not be
conducted closer than 200 feet of any residential dwelling unit or
residential zoning district boundary.
(3) Unless approved in writing by the applicable road authority,
mining of any materials shall not be conducted closer than 30 feet
to any property line or within 30 feet of any public road right of
way.
(4) Mining Operations shall not be conducted closer than 200 feet
from the ordinary high water mark of any public water classified
in Section 10.2.3 of this Ordinance.
(5) Hours of Operation. All hours of operation shall be set in the
Interim Use Permit as approved by the Planning Commission.
G. Access Roads. All access roads from Mining Operations to public
highways, roads or streets or to adjoining property shall be paved or
otherwise maintained to control dust. Ingress and egress access points
from or onto any road or highway shall be clearly signed and those
signed access points shall be utilized. Precautions must be taken to
minimize the deposit of materials from trucks onto public roads.
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Stearns County Zoning Ordinance This Section last amended June 17, 2008
H. Vertical faces shall be kept to a minimum except during actual mining.
I. Weeds and any other unsightly or noxious vegetation shall be cut or
trimmed as necessary to preserve a reasonably neat appearance, to
prevent seeding on adjoining property, and to comply with the
requirements of Minnesota Statutes, section 18.191; or successor
statutes.
J. Complaints. Complaints regarding Mining Operations shall be
forwarded to the Environmental Services Department for processing.
The Department shall make timely investigation of complaints and
shall endeavor to resolve complaints utilizing such dispute resolution
process as may be developed by the County.
K. Signage. An informational sign shall be erected at the intersection of
the primary access road and the public road servicing the site,
identifying the corporate or personal name(s) of the property owner(s)
and telephone number(s) of the property owner, the site operator and
the hauling contractor. Signs required by this Section shall be clearly
visible from the public road and shall conform with the signage
requirements of Section 7.20 of this Ordinance.
7.12.5 Land Reclamation
All mining sites shall be reclaimed immediately after Mining Operations
cease. Reclamation shall be completed within one (1) year. The following
standards shall apply:
A. Within a period of three (3) months after final termination of a Mining
Operation, or within three (3) months after abandonment of such
operation for a period of six (6) months, or within three (3) months
after expiration of an interim use permit for a Mining Operation, all
buildings, structures and plants incidental to such operation shall be
dismantled and removed by, and at the expense of, the mining operator
last operating such buildings, structures and plants.
B. The peaks and depressions of the mined area shall be graded and back -
filled to a surface which will result in a gently rolling topography in
substantial conformity to the land area immediately surrounding, and
which will minimize erosion due to rainfall. No finished slope shall
exceed 18 percent grade.
C. Reclaimed areas shall be surfaced with soil of a quality at least equal
to the topsoil of land areas immediately surrounding, and to a depth of
at least four (4) inches. The topsoil shall be seeded, sodded or planted.
D. The finished grade shall be such that it will not adversely affect the
surrounding land or future development of the site. The fmished plan
shall restore the mining site to a condition whereby it can be utilized
for the type of land use proposed to occupy the site after Mining
Operations cease.
E. A performance surety, payable to the County of Steams, shall be
provided. The permit shall specify the amount and type of surety
required. The surety shall be used to reimburse the County for any
monies, labor and/or material expended to bring the operation into
compliance with the conditions of the permit. The surety may be used
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Stearns County Zoning Ordinance This Section last amended June 17, 2008
after expiration of the permit and failure to execute a phase of a
restoration plan specifically scheduled in the permit or Ordinance.
This option may be executed 180 days after written notice of non-
compliance to the applicant.
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