Ordinance No. 0649 05-16-1977ORDINANCE N0. 649
AN ORDINANCE ADOPTING CHAPTER 212 ENTITLED MINING, AND REPEALING PRIOR CHAPTER
212 ENTITLED MINING SAND AND GRAVEL
The City Council of the City of Fridley does ordain as follows:
SECTION 212.01 FINDING AND PURPOSE
The City of Fridley recognizes that surface mining exists and that this mining
can be an aid to the preparation of development sites. The City further finds
that it is not practicable to mine minerals required by society without dis-
turbing the surface of the earth and producing waste materials. The danger
exists that noncompatible land uses could unnecessarily deny the benefit of
these materials to society in the future. It is further found that the char-
acter of mining may create undesirable land and water conditions which can be
detrimental to the health, safety and welfare and property rights of the citi-
zens of the City of Fridley. However, if properly regulated and if reclamation
of surface mined lands is required, mining can take place within the City in
such a manner that undesirable side effects of the operation may be restricted
to an acceptable level.
The purposes of this ordinance are: To provide for the economical availability
of sand, gravel, rock, soil and other materials.
To establish uniform and reasonable limitations, safeguards and controls in the
City, for the future mining of said materials.
To control the effect of ti?e mining operation upon adjacent property and other
areas of the City.
To provide for the restoration of the mining operation and mining area during
and after termination of the removal operation.
To control and minimize pollution caused by erosion or sedimentation, all in
furtherance of the health, safety and general welfare of the citizens of Fridley,
Minnesota.
SECTION 212.02 RELATIONSHIP TO ZONING ORDINANCE
This ordinance shall apply to areas within the City of Fridley in which the
removal of minerals including sand and gravel is a permitted or special use.
The standards and requirements set by this ordinance shall govern the issuance,
renewal and termination of the mining permit•
SECTION 212.03 DEFINITIONS
1. Dust - Air-borne inorganic particulate matter other than smoke.
2. Mining Permit - The permit required by this ordinance.
3. Minerals - Nonmetallic material found in the earth including, but not
limited to sand, gravel, rock and soil, which may be covered by over-
burden.
4. Mining - The removal or extraction and processing of minerals.
5. Overburden - Those materials which lie between the surface of the earth
and the mineral deposit to be mined.
6. Rehabilitation - To renew land to a self-sustaining, long term use which
is compatible with contiguous land uses in accordance with the standards
set forth in this ordinance.
7. Topsoil - That portion of the overburden which lies closest to the earth's
surface and supports the growth of vegetation.
� SECTION 212.04 MINING PERMIT
Except as hereinafter provided in this ordinance, it shall be unlawful for any
- operator to engage in mining without having first a written permit from the
City of Fridley authorizing the same.
SECTION 212.05 EXCEPTIONS
The permit requirements established by this ordinance shall not apply to:
Emergency work necessary to preserve human life or property. Emergency
work performed under this section shall be reported to the City of Fridley
s '� w
S n C�
ORDINANCE N0. 649 Page Two
at the earliest practical opportunity. An operator commencing emergency
work shall within 10 days followin9 the commencement of that activity,
apply for the issuance of a mining permit and on the issuance therof
may be required to perform such work as determined to be reasonably nec-
essary to correct any environmental impairment occasioned by such work.
2. Mining done in conjunction with a building permit or other permit required
by the City.
3. Operators not conducting operations governed by this ordinance and for
which this ordinance requires a permit, shal7 be notified within 15 days
of the adoption of this ordinance that they are required to make applica-
tion for a permit. Upon notification, operators shall have 60 days in
which to complete permit applications. Failure to apply for a permit
within 60 days shall be a violation of this ordinance.
SECTION 212.06 APPLICATION FOR AND PROCESSING OF PERMIT
1. An application for a mining permit shall contain:
(a) The name and address of the operator and owner of the land.
(b) The correct legal description of the property where the extraction
is proposed to occur.
(c) Specifications of the following using appropriate maps, photographs
and surveys:
i
ii
iii
the physical relationship of the proposed mining area to the
community and existing community development.
site topography and natural features including location of
water courses and water bodies within the planned mining area.
the quality and quantity of minerals to be excavated.
iv. the depth of water tables throughout the planned mining area
v. the average thickness of over6urden in the area.
(d) The purpose of the operation.
{e) The estimated time required to complete the operation.
(f) The plan of operation, including processing (any operation other
than direct mining.and removal), nature of the processing and
equipment, location of the plant, source of water, disposal of water,
and reuse of water.
(g) Travel routes to and from the site.
(h) The plans for drainage, wind and water erosion control, sedi-
mentation and dust control.
2. Referral to Planning Commission
(a) The Planning Commission shall hold a public hearing on the application
within sixty (60) days and shall provide published notice of said
hearing at least 10 days before the hearing together with mailed notice
to all property owners within 200 feet of the property affected.
Failure to give mailed notice to individual property owners, or defects
in the notice shall not invalidate the proceedings, provided a bonafide
attempt to comply with the mailed notice requirement has been made.
'
�
ORDINANCE NO
649
i -&f..Y
Page Three
(b) The applicant and/or his representatives shall appear before the
Planning Commission in order to answer questions concerning the
mining permit application. The Planning Commission shall report
its findings to the Council indicating its recommendation as to
approval or denial and specifying what, if any, conditions are
necessary regarding the mining permit.
3, Council Action
(a) Upon receiving the recommendations of the Planning Commission the
City Council must take action within sixty (60) days and may affirm
or deny the application by a simple majority vote.
4. Issuance
(a) The issuance of any Mining Permit is dependent on the fact that the
activities permitted will not be dangerous or otherwise detrimental
to persons residing or working in the vacinity thereof, or to the
public welfare, and will not impair the use, enjoyment, or value of
any property.
(b) The issuance of any Mining Permit may also be subject to conditions
in order to protect the public health, safety, convenience and wel-
fare, or to avoid traffic congestion, or hazard, or other dangers,
or to promote conformity of a proposed use with the character of the
adjoining peoperty and uses, and the district as a whole, or to pro-
tect such character.
SECTION 212.07 STANDARDS
1
2
Operation shall be conducted within the confines of the property.
Operation shall not be conducted within:
(a) Five feet of the right-of-way of an existing public utility.
(b) Fifty feet of the boundary of any zone where such operations
are not permitted.
(c) Thirty feet of the boundary of an adjoining property not in
mining use.
3. Fencin9 - During operations, access to any area where collections of water
are one and one-half feet in depth or more or where excavation slopes are
steeper than one foot vertical to one and one-half feet horizontal and any
other areas where obvious danger to the public exists shall be controlled
by a four foot tall fence. Set standard for fencing with support posts
spaced every 10'.
4. Appearance and Screening:
(a) Machinery shall be kept operational.
(b) Abandoned machinery and rubbish shall be removed from the site regularly.
(c) All structures that have not been used for a period of one year shall
be removed from the site.
(d) All equipment and temporary structures shall be removed and dismantled
not later than six months after termination of mining operation or
expiration of this permit.
(e) Where practical, stockpiles of overburden and materials shall be used
to screen the mining site.
(f) Where practical, the perimeter of the mining site shall 6e planted or
otherwise screened.
(g) Existing tree and ground cover shall be preserved to the extent feasible,
maintained and supplemented by selective cutting, transplanting and re-
planting of trees, shrubs, and other ground cover along all setback areas.
a.i.�..;. .
�'� �'
ORDIPJAfVCE N0. 649
5. Operating Standards:
Page Four
(a) iVoise--tihe maximum;noise level at the perimeter of the site
shall be within the limits set dy the Minnesota Pollution
Control Agency and the Environmental Protection Agency of
the United States.
(b) Hours�-all mining operations shall be conducted between 7 a.m.
and 7 p.m. �4onday through Saturday only.
(c) Explosives--the use and handling of explosives shall be co-
ordinated with the police department. Blasting shall occur
only at hours specified in the permit and at no other time.
(d) Dust--operators shall utilize all practical means to reduce
the amount of dust caused by the operation. In no case shall
the amount of dust or other particulate matter exceed the
standards esta6lished by the Minnesota Pollution Control
Agency.
(e) Water Pollution--operators shall comply with all applicable
Minnesota Pollution Control Agency regulations and Federal
and Environmental Protection Agency regulations for the
protection of water quality. No waste products or process
residue, including untreated wash water, shall be deposited
in any lake, stream or natural drainage system, except those
lakes or ponds wholly contained within the extraction site
may be so utilized.
(f) Topsoil Preservation--all topsoil shall be retained at the
site until complete rehabilitation of the site has taken
place according to the rehabilitation plan.
6. Rehabilitation Standards:
(a) Rehabilitation shall be continuing operation occurring as
quickly as possible after the mining operation has moved
sufficiently into another part of the extraction site.
(b) Slopes--all banks and slopes shall be left in accordance
with the rehabilitation plan submitted with the permit
application. fJo rehabilitated slopes shall be steeper than
four feet horizontal to one foot vertical, except Lhat steeper
slopes may be permitted in accordance with the rehabilitation
plan when said slopes are planned for slope related usages, for
example, ski hills and sliding hills.
(c) Cover and Planting--slopes, grated, and backfilled areas shall
be surfaced with at least three inches of topsoil and planted
with ground cover sufficient to hold the soil. Such ground
cover shall be tended as necessary until it is self-sustained.
(d) Slopes to Water Bodies--no slope descending to a water body
shall exceed one foot vertical to four feet horizontal.
(e) Water bodies--all water areas resulting from excavation shall
be rehabilitated as follows:
all standing water bodies, except those approved for
storm water retention, will be filled with acceptable
fill material by the end of each construction season.
ii. any water body to be used for storm water retention
must be approved by the Engineering Department.
(f) Final Elevation--no part of the rehabilitated area which is olanned
for utilization for uses other than open space or agriculture shall
be at an elevation lower than the minimum required for gravity con-
nection to sanitary and storm sewer.
'
�
!�
ORDINANCE N0. 649
SECTION 212.08 FEES & BOND
�.�#?
Page Five
1. The annual permit fee and expiration date shall be as provided by
Chapter 11 of this Code.
2. Post a surety bond acceptable to the City or a certified check in
an equivalent amount for the sum of $1,000 per acre or fraction
thereof for the land to be subjected to the mining operation run-
ning to Fridley to secure satisfactory performance of the require-
ments set forth in this ordinance.
SECTION 212.09 VALIDITY
The validity of any word, section, clause, paragraph, sentence, part or provision
of this ordinance shall not effect the validity of any other part of this or-
dinance which can be given affect without such invalid part or parts.
SECTION 212.10 EFFECTIVE DATE
This ordinance shall take affect upon adoption 6y the City Council of Fridley,
�1innesota.
SECTION 212.11 REPEAL
Chapter 212 of the Fridley City Code as it existed prior to the adoption of
this Ordinance is hereby repealed.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 16th DAY OF
�
� �
ATTEST:
1977.
�f@�1 ._+,�. C��,�.�2�
MAR1fIN C. BRUNSELL - C TY CLERK
First Reading: Ma� 2, t9��
Second Readino: May 16, 1977
Publish.......: May 25, 1977
vV Y - - M' "'" � `�
WILLIAM J. NEE - YOR