A. 
It is unlawful for any person, firm, company, or corporation to extract or process minerals in the Township without first obtaining an interim use permit required in this chapter. A previously permitted mineral extraction facility is not required to obtain an interim use permit but is required to comply with all of the requirements of Article XI of this chapter. Penalties for operating without a permit will be strictly applied according to Article VI, Termination; Violations and Penalties, hereof.
B. 
No new Level 3 mines will be permitted until an existing Level 3 mine in the Township has ceased operating and completed all reclamation.
In granting a permit, the Eureka Town Board shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety and general welfare of occupants and owners of surrounding lands. Among other things, the following standards shall be considered:
A. 
The use must not create an excessive burden on existing parks, schools, streets and other public facilities and utilities that serve or are proposed to serve the area.
B. 
The use must be sufficiently compatible or separated by distance or screening from adjacent agricultural or residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land.
C. 
The structure and site must have an appearance that will not unreasonably create an adverse effect upon adjacent residential properties.
D. 
The use must be reasonably related to existing land use.
E. 
The use must be consistent with the purposes of Chapter 240, Zoning, and the purposes of the zoning district in which the applicant intends to locate the proposed use.
F. 
The use must be in conformance with the Eureka Township Comprehensive Plan.
G. 
The use must not cause traffic hazards or congestion.
H. 
Existing land uses nearby must not be adversely affected unreasonably by intrusion of noise, glare, dust or general unsightliness.
I. 
The use must not cause significant adverse impact to surface water or groundwater resources.
J. 
Dewatering to obtain materials intersecting the groundwater shall not be allowed. The use of equipment such as draglines, track hoes and backhoes to obtain materials intersecting groundwater shall be allowed.
K. 
Depth of excavation. Excavation and extraction shall not occur beyond the depth set by the Board in the permit. In setting the depth of excavation, the Town Board shall consider the standards stated herein (Article II, § 165-5), as well as recommendations from Dakota County, the Soil and Water Conservation District and the independent engineering firm selected by the Town Board under Article IV, § 165-11E. In addition, the Town Board will consider whether the application is a renewal of an expired permit where the depth was consistent with a previously approved permit.
A. 
Interim use permits for mineral extraction will be issued according to the following levels of permits:
(1) 
Level 1 permit. This is an expedited permit to meet the needs of short-term construction projects. It applies to operations that will not exceed five acres of excavated area to a maximum depth of 20 feet but not to exceed one foot above the water table and will be active for only one operating season. Compliance with reclamation standards is required. The Town Board may waive the environmental assessment worksheet (EAW) requirement in the event there are clearly no environmental concerns. Should an operator desire to expand or extend, the operator will have to apply for a Level 2 or Level 3 permit; in such case the area of the mineral extraction covered by the Level 1 permit will be included in the overall mining area for the required Level 2 or Level 3 permit.
(2) 
Level 2 permit. This permit applies to operations which will be active for more than one operating season and that will not exceed 10 acres of excavated area to a maximum depth to be determined by the approved site plan but not to exceed one foot above the highest, expected water table elevation. Compliance with reclamation standards is required. An EAW is required for this level of permit. There is a limit of one Level 2 permit for any landowner and/or operator.
(3) 
Level 3 permit. This permit applies to operations that will exceed 10 acres of excavated area to a maximum depth to be determined by the approved site plan but not to exceed one foot above the highest water table elevation expected unless the end use is to be a lake or a wetland. In addition, the proposed mining plan must undergo a technical review by the Department of Natural Resources, Division of Lands and Minerals. Compliance with reclamation standards is required. An EAW is required for this level of permit.
B. 
Ready-mix concrete plants are not permitted under any level of mineral extraction permit as either a principal use or an accessory use.
Mineral extraction as specified in this chapter shall be allowed in all agricultural-zoned districts, as identified in the Eureka Comprehensive Plan and in Chapter 240, Zoning.
A mineral extraction permit shall not be required for any of the following:
A. 
Excavation for a foundation, cellar or basement of a structure or for residential landscaping if a building permit has been issued.
B. 
Excavation conducted directly by state, county, city, or Township authorities in connection with construction or maintenance of roads, highways, or utilities, conducted solely within permanent easement areas or rights-of-way.
C. 
Curb cuts, utility hookups or street openings for which another permit has been issued by the Township.
D. 
Excavation or removal of less than 400 cubic yards of material per year for use on the owner's property.
E. 
Excavation or grading for agricultural purposes.