This chapter shall be known and cited as the "Township of Eureka
Mineral Extraction Ordinance," except as referred to herein as "this
chapter."
The purpose of this chapter is to protect the public health,
safety and welfare through the following:
A.
Identify areas in the community where mineral extraction is most
appropriate and minimizes conflicts with other land uses.
B.
Establish permitting requirements, environmental review procedures
and performance standards to regulate mineral extraction.
C.
Establish standards that distinguish between longer-term and shorter-term
mineral extraction activities.
D.
Establish standards that prevent or minimize environmental and aesthetic
impacts on extracted properties, adjacent properties and the community
as a whole.
As used in this chapter, the following terms shall have the
meanings indicated:
Uses of a mineral extraction facility that are incidental
to mining and are not included as an authorized principal use. Accessory
uses might include, and are expressly limited to, the manufacture,
storage and sale of products made from minerals on the premises, and
storage and sale of minerals mixed or to be mixed with minerals from
the premises, and storage of topsoil and common borrow (the use of
which is consistent and approved for reclamation plan) to be used
in reclamation on site whether or not extracted on the premises. No
other materials are permitted to be imported nor stored. The term
does not include the placement or use of ready-mix concrete plants.
Mine extraction location from which at least 5,000 cubic
yards have been excavated and removed from the facility each calendar
year. Moving material around the site does not satisfy this requirement.
The movement or stockpiling of material excavated at the site does
not count toward the 5,000 cubic yards until it is removed from the
site.
As defined by Chapter 240, Zoning.
Material that includes any type of soil (clay, sand or gravel)
that is commonly removed and relocated before mining activities begin
or that is removed from one location and used as fill material in
another location.
A written contract between the operator, the landowner and
Eureka Township which outlines all the terms of the permit for a mineral
extraction facility, including any additional terms outside this chapter
that are imposed by the Town Board.
The pumping, extraction or removal of subsurface water in
order to lower the water table temporarily to access more aggregate.
Airborne mineral particulate matter.
A document specified in Minnesota Rules 4410.0200, subpart
24.
A document specified in Minnesota Rules 4410.0200, subpart
26.
The movement of soil and minerals or the removal of minerals.
Any nonagricultural artificial excavation of earth exceeding
50 square feet of surface area or two feet in depth, excavated or
made by the removal from the natural surface of the earth, or sod,
soil, sand, gravel, stone or other natural matter, or made by turning
or breaking or undermining the surface of the earth.
As used in this chapter, see "soil."
As used in this chapter, the beds proper and the areas adjoining
a wetland, lake or watercourse that have been or hereafter may be
covered by the regional flood.
Roads used for transport to and from a mineral extraction
facility.
A permit to use land in a manner approved by the Township
for a specified period of time.
A mineral extraction permit issued to an operation satisfying the description for a level 1 permit in § 165-6 of this chapter. A mineral extraction facility issued a level 1 permit is considered a level 1 mine.
A mineral extraction facility established prior to 2002 with a reclamation plan consistent with a level 1 permit in § 165-6 of this chapter is considered a level 1 mine.
A mineral extraction permit issued to an operation satisfying the description for a level 2 permit in § 165-6 of this chapter. A mineral extraction facility issued a level 2 permit is considered a level 2 mine. A mineral extraction facility established prior to 2002 with a reclamation plan consistent with a level 2 permit in § 165-6 of this chapter is considered a level 2 mine.
A mineral extraction permit issued to an operation satisfying the description for a level 3 permit in § 165-6 of this chapter. A mineral extraction facility issued a level 3 permit is considered a level 3 mine. A mineral extraction facility established prior to 2002 with a reclamation plan consistent with a level 3 permit in § 165-6 of this chapter is considered a level 3 mine.
Sand, gravel, rock, clay, peat, and similar higher density
nonmetallic natural materials.
The removal of sand, gravel, rock, clay, peat, and similar
higher density nonmetallic natural minerals from the ground.
Any area that is being used for removal, stockpiling, storage,
and processing of minerals.
The interim use permit required for mineral extraction by surface excavation activities that will specify a time period for operation. All mineral extraction permits in Eureka Township are limited to Level 1-3 mines as described in § 165-6 of this chapter.
The expert consultant retained by the Town Board to assist
in enforcing the terms of this chapter. The expense of the Mining
Superintendent will be paid according to the terms of this chapter.
Any person or persons, partnerships, corporations, or assignees,
including public or governmental agencies, engaging in mineral extraction.
The soil or rock layer which lies above, and that needs to
be removed to reach, the materials being mined as part of a mining
operation.
Those mineral extraction facilities operating under special mining licenses prior to 2002 that were permitted to continue as legal nonconforming uses under Minn. Stat. § 462.357, Subdivision 1e without obtaining the interim use permit first required in 2002, so long as the previously permitted mineral extraction facility complied with conditions and performance standards found in Chapter 13, sections 3 through 9 (repealed) and now found in Article XI of this chapter. Only mineral extraction facilities that have been continually operated as required in Minn. Stat. § 462.357, Subdivision 1e are within this term.
The principal use of a mineral extraction facility is the extraction, crushing, screening, mixing, processing, washing, storage and sale of minerals from the facility. The principal use does not include a concrete block plant or a ready-mix concrete plant or an asphalt production plant or a concrete recycling plant or an asphalt recycling plant, except as stated in Article V, § 165-13B and K, and in Article XI, § 165-30D.
Any activity which may include the on-site crushing, washing,
stockpiling, compounding, or mixing-of sand, gravel, rocks, or similar
mineral products from the site into consumable products, such as construction
grade sand, gravel, and other similar products.
Refers to a facility at which ingredients are mixed to precise
specification and then loaded into truck-mounted mixers for delivery
to off-site construction projects.
To renew land to self-sustaining long-term use that is compatible with contiguous land uses, present and future, in accordance with the standards set forth in Chapter 240, Zoning, and in the Comprehensive Plan.
The plan for reclaiming a mineral extraction facility consistent
with this chapter and approved by the Town Board.
Asphalt originated from a road demolition or road repair
project in the Township of Eureka.
Concrete originated from a road demolition or road repair
project in the Township of Eureka.
As used in this chapter, the area of property surrounding
a mineral extraction facility intended as a buffer zone in which no
mining activity may take place.
As used in this chapter, land located within the following
distances from public waters: 1,000 feet from the ordinary high-water
level of any lake, pond or reservoir, and 300 feet from rivers and
streams, or the landward extent of a floodplain designated by the
ordinances on a river or stream, whichever is greater.
As used in this chapter, the loose surface material that
covers most land.
Preparation for daily hauling activities, including weigh-in,
warm-up, and lining up of trucks.
The land on which mineral extraction is permitted.
The upper portion of the soils present that is the most favorable
material for plant growth.
The upper surface of the zone of saturation. The zone of saturation
is where the pores and fractures of the ground are saturated with
water as indicated by average water levels in nearby lakes and wetlands
that are not perched, water table wells or piezometers emplaced for
the purpose of monitoring, or exploration drilling on the subject
property. This level fluctuates with changes in precipitation, and
it is the highest water table level that is protected.
The surface of the groundwater at which the pressure is atmospheric.
Generally, this is the top of the saturated zone.
A surface water feature classified as a wetland in the United States Fish and Wildlife Service Circular No. 39(1971), or its equivalent, or otherwise classified as a wetland under Chapter 240, Zoning.
See § 240-64.
See Chapter 240.
