A.
Mineral extraction permits shall be considered and processed by the Town Board as interim use permits. The procedures are defined in Chapter 240, Zoning, Article IV, § 240-32. If the Town Board grants the interim use permit, the Town Board shall specify the particular date or the occurrence of the particular event when the permit is to expire. The Town Board may attach conditions to the interim use permit in addition to those set forth in this chapter.
B.
Before making a formal application, applicants shall appear before
the Town Board at a regularly scheduled meeting to make a preliminary
presentation on the conceptual nature of the proposed extraction activity.
The Town Board will provide the applicant with a copy of this chapter,
outlining the application process and permit requirements.
C.
The application and required supporting information shall be filed
with the Planning Commission at its regularly scheduled meeting. If
the application is incomplete, the Commission, in writing, within
15 days, will notify the applicant of the additional information required
for the application to be complete.
D.
Once the application is deemed complete, the Zoning Administrator
shall provide landowners within 1,000 feet of the applicant's
property with notification of the application for an interim use permit
for mineral extraction via first-class mail.
E.
A registered engineer licensed by the State of Minnesota and qualified
in this field shall review the application. The Town Board shall select
the engineering firm. The engineer will submit the results of his
or her findings, along with any recommendations for actions, to the
Planning Commission.
F.
Within 30 days of receipt of the registered engineer's findings
and recommendations, the Planning Commission, together with the engineer
and Mining Superintendent, shall prepare an environmental assessment
worksheet (EAW), according to Minnesota Rules, Chapter 4410. After
this process is completed, the Town Board shall determine within 30
days whether an environmental impact statement (EIS) is required.
G.
Upon completion of the environmental review process, the Planning Commission, at its next regularly scheduled meeting, shall process the mineral extraction permit application as an application for an interim use permit, following the procedures for interim use permits defined in Chapter 240, Zoning, Article IV, § 240-32. The Planning Commission may require that the applicant submit additional information to address or clarify any issues raised in the environmental review. The Planning Commission will use the assistance of the Mining Superintendent as it deems necessary. The formal interim use permit application review process shall commence only after completion of the environmental review and upon receipt of additional information required.
H.
Within 30 days of receipt of all additional required information and upon completion of the environmental review process, the Planning Commission shall schedule, provide notice of, and hold a public hearing for the mineral extraction permit, following the procedures defined for interim use permits in Chapter 240, Zoning, Article IV, § 240-32.
J.
If the Town Board, registered engineer, or Planning Commission cannot
act upon the permit application within the permitting time frames
specified herein and by state law, the Town Board shall notify the
applicant in writing to request an extension of time and stating the
reasons for the extension.
K.
Any application that is inconsistent with the Comprehensive Plan
will be denied. The applicant has the right to submit an application
to the Town Board to amend the Comprehensive Plan, according to procedures
established in the Eureka Township Code of Ordinances.
L.
The Town Board shall approve the permit application, deny the permit
application or approve the permit application with modification. Modifications
may include additional restrictions.
M.
When a permit is approved, the Town Board or its designee shall complete
a development agreement, signed by representatives of the Town Board,
the landowner and the operator (if different from landowner). Landowner
and operator, if different, are jointly responsible for complying
with the requirements in the interim use permit. If the identity of
either the landowner or the operator changes, the Township must approve
the change and the new landowner or operator must sign on and agree
to all obligations in the interim use permit and all financial obligations
in order for the interim use permit to stay in place. Failure to agree
to the terms and conditions of the interim use permit or the development
agreement will constitute a terminating event for the interim use
permit. The Township may undertake an enforcement action against the
operator or landowner, or both, if there is a violation.
N.
A mineral extraction permit application denied by the Town Board
may not be reapplied for, whether the same or modified application,
for a period of 12 months from the date of denial. Any change involving
structural alterations, enlargement, intensification of use, or similar
change not specifically permitted by the interim use permit issued
shall require an amended interim use permit and all procedures shall
apply as if a new permit were being issued. If the amendment does
not include any change involving structural alterations, enlargement,
intensification of use, or similar change of the primary use(s), the
applicant may amend the originally filed supporting documentation,
including a registered engineer's finding stating whether an
amended EAW/EIS is required. Upon approval of an amended interim use
permit, the development agreement shall also be amended to reflect
the amended permit. The Zoning Administrator shall maintain a record
of all interim use permits issued, including information on the use,
location, and conditions imposed by the Planning Commission and Town
Board, time limits, review dates, and such other information as may
be appropriate.
A.
In February of each year, the Town Board will review all mineral extraction facilities whether the facility operates under a permit issued under this chapter or is classified as a legal nonconforming use under this chapter. By January 31 of each year, the operator will provide the following information to the Planning Commission and the operator must pay the review fees referenced in Article VIII:
(1)
Evidence of the amount of material removed and any amount of material
imported from off site; evidence should include reports to Dakota
County for aggregate taxes as well as company's annual material
sales reports for the facility. Evidence must substantiate that the
mineral extraction facility meets minimum tonnage removal requirement
to be considered an active mining facility. Failure to do so may trigger
requirements for reclamation and/or revocation of continued status
as a permitted mine or a nonconforming use as determined by the Town
Board.
(2)
Amount of material remaining to be removed;
(3)
Evidence that bonding and insurance are still in force and effect;
(4)
A summary list of all complaints and violations during prior year
with responses and implemented corrective actions;
(5)
History of compliance with the mineral extraction regulations within
the ordinances and other governmental regulations relating to mining;
(6)
Each instance of exposure of water table unless the report is for
a Level 3 permit;
(7)
Status of phasing plan;
(8)
Status of reclamation;
(9)
Up-to-date list of all vehicles and equipment on site; estimated
number of vehicles accessing the facility;
(10)
Report on condition of haul roads that serve or abut the facility;
(11)
Status of erosion control measures;
(12)
Any change in ownership and/or operator; and
(13)
Other items of information requested by the Town Board.
(14)
A listing of MSHA violations and their levels and penalties
with measures taken in the previous year.
B.
In conjunction with the Mining Supervisor's initial review and
report, the Planning Commission will jointly review the mining facility
reports and interview representatives of each facility at a meeting
to be held in February. After its review, the Planning Commission
will make recommendations to the Town Board. In its March review,
the Town Board shall examine the information provided by the operator
and the Town Board shall determine whether the mineral extraction
facility is in compliance with this chapter, the conditions imposed
by the permit and the development agreement. If the Board determines
the mineral extraction facility is not in compliance it will take
further steps as provided in this chapter.
