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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