The following performance standards apply to all mineral extraction
facilities in the Township:
A. Hours of operation. Mineral extraction facilities shall operate only
between the hours of 7:00 a.m. and 5:30 p.m., Monday through Friday.
A mineral extraction facility may be opened one hour before hours
of operation to allow for staging. No Sunday or holiday operations
will be allowed. The holidays are New Year's Day, Memorial Day,
July Fourth, Labor Day, Thanksgiving and Christmas. When New Year's
Day, July Fourth, Thanksgiving or Christmas fall on a Sunday, the
following Monday shall be considered the holiday. When New Year's
Day, July Fourth, Thanksgiving or Christmas fall on a Saturday, the
previous Friday shall be considered the holiday.
(1) Operators are allowed extensions to the hours of operation for emergencies
only. Operators must notify the Township Clerk or a Town Board member
in advance of the proposed exception.
(2) The Town Board must approve other exceptions to the hours of operation,
such as Saturday operation, government agency contracts and other
evening work.
B. Source of minerals. Only minerals from the site shall be processed
at the mineral extraction facility; subject, however, to the following
exceptions:
(1) The operator may import off-site minerals onto the subject property
for the purpose of mixing with minerals from the subject property
provided the imported minerals on an annual basis do not exceed 25%
of the minerals extracted from the subject property on an annual basis.
Accessory uses may not exceed 25% off-site minerals used in conjunction
with each specified accessory use; therefore, off-site minerals may
not be aggregated to a single accessory use, allowing a specific accessory
use to exceed 25% of off-site minerals used in conjunction with the
specific accessory use.
C. Site security. Security must be sufficient to protect the community
from attractive nuisances. The burden to design and install sufficient
security is on the operator and owner who are expected to stay current
with industry practices and to stay aware of all risks at the mining
facility. If not already included in the security system put in place
by the mine, fencing may be required by the Town Board around any
section and/or the entire mineral extraction area. When used, fencing
at a minimum must be three wires with posts a maximum of 12 feet apart
and at least four feet high and in good repair. Berming, no trespassing
signs, locked gates at access points, security cameras and lighting
including motion sensitive units, and any other site security can
also be considered by the Town Board to mitigate the need for fencing
on certain areas. The Town Board may require fencing, signs and/or
barriers around ponding areas and steeply sloped excavations.
D. Access. All mineral extraction facilities shall have direct access
to a nine-ton or greater capacity road. The Town Board shall set minimum
roadway improvements and maintenance obligations as a condition of
the permit. The point of the mining site access shall be at least
300 feet from any intersection or residential driveway, or as determined
by the Town Board under special circumstances. Circumstances will
include, but not be limited to, topography, safety, traffic, and existing
land use.
E. Haul routes. All trucks traveling to or from the mineral extraction
facility shall utilize nine-ton or greater road capacity within the
Township. Operators may be granted a special permit to utilize roadways
temporarily posted under nine tons, provided adequate surety is provided
to cover the costs of repairing any damage to roadways. The Town Board
may allow a Level 1 permit holder to use roads that are not nine-ton.
Level 2 and Level 3 permits will require any substandard roads utilized
by the mineral extraction facility as haul routes to be brought up
to a MnDOT standard for nine-ton paved roads. The operator will bear
the cost of such an upgrade. The Township reserves the right to require
road maintenance paid by the operator on any haul route within the
Township or those bordering the Township. Traffic control to assure
safety must be maintained. Trucks shall not queue on public roads
while waiting to enter or exit facility. Turn lanes shall be constructed
on public roads if deemed necessary by the appropriate road authority,
at landowner and/or operator expense. Sufficient truck staging area
shall be provided on mineral extraction facility property.
F. Roadway dust control. Operators will be responsible for dust control
on all gravel roads utilized by trucks hauling to or from the mineral
extraction facility. Dust control will be required when conditions
warrant it and the number of one-way truck trips from the mineral
extraction facility exceeds three per hour. The Township reserves
the right to require the operator to pay for dust control on any haul
route within the Township or those bordering the Township. An operator
will consult with, and receive permission from, the Road Supervisor
prior to adding gravel or grading a Township road.
G. Mineral extraction facility dust control. The Township shall require
dust control in a facility when it is determined that airborne dust
from extraction areas, processing activities, stockpiles or internal
roadways creates a public nuisance or otherwise adversely impacts
surrounding lands. Remedies to dust control may include watering,
berming, landscaping and enclosures for processing equipment, and
any other means deemed necessary by the Town Board.
H. Noise. Maximum noise levels at the facility will be consistent with
the most current standards established by the Minnesota Pollution
Control Agency (MPCA) and as deemed necessary by the Town Board.
I. Vibration. Operators shall use all available means deemed necessary
by the Town Board to eliminate adverse impacts of vibration from equipment
on adjacent properties.
J. Air quality/water quality. All activities on the subject property
will be conducted in a manner consistent with operating permits issued
by state and federal agencies. The Town Board may require other standards
it deems reasonably necessary. Increased runoff must be retained on
site with retention or detention ponds.
K. Accessory uses. Accessory uses must be identified in the permit. Accessory uses not identified in the permit are not allowed. The accessory uses of a concrete block production plant, a ready-mix concrete production plant, a concrete recycling plant asphalt production plant, or an asphalt recycling plant shall be strictly prohibited. The storage, stockpiling, sale and mixing of minerals that have been excavated off site are strictly prohibited, except for the mixing of minerals as provided in §
165-13B, as limited to minerals. Accessory uses will terminate when the principal use terminates. Accessory uses may not collectively account for more than 25% of the total mine operations based upon the volume of minerals extracted from the subject property, so that primary uses account for greater than 25% of the total mine operation as measured by volume.
L. Unauthorized storage. Any vehicles, equipment or materials not associated
with the mineral extraction facility or not in operable condition
may not be kept or stored at the facility.
M. Setbacks. No extraction activity may occur within 1,000 feet of any
dwelling and within 50 feet of any adjacent property line, road right-of-way
or public utility. Screeners, crushers, other processing equipment
and manufacturing equipment may not be located closer than 1,000 feet
from a dwelling nor closer than 100 feet from any adjacent property
line, road right-of-way or public utility. Setbacks from an existing
dwelling shall take precedence over setbacks for road right-of-way,
adjacent property line and public utility. Grading plans affecting
pipelines or power line corridors will be evaluated on a case-by-case
basis. The Town Board may waive setback requirements when the common
boundary area of an adjoining property is also a legal mining operation,
the common boundary is not within 1,000 feet of a residence, and both
property owners of adjacent mining operations have agreed to a common
reclamation plan and have a written agreement with the Township establishing
responsibility for reclamation. Any existing approved setback reduction
in an existing approved interim use permit continues to have approved
status.
N. Phasing. Phasing plans must be prepared for all mineral extraction
facilities. The operator and landowner must follow the phasing plan
approved by the Town Board. No more than 10 acres of land may be exposed
to extraction at any one time. A maximum of 25 acres may be utilized
at any one time for extraction, processing, staging and stockpiling.
Areas where extraction has been completed shall be reclaimed according
to the provisions of this chapter, except for that area currently
being used in the maximum twenty-five-acre operational area.
O. Berming. Earthen berms shall be constructed along all road rights-of-way. In the instance where the setback from a residence applies under §
165-13M, then, in addition, earthen berms shall be constructed along the adjoining property line. Berms shall provide screening of the mining activity from the right-of-way and any adjoining property line on which a berm is required. A combination of berms and other screening which has no written objection from any owners of real property located within 1,000 feet of the proposed extraction activity may satisfy this requirement, subject to Town Board approval of the design. In the absence of such an alternate design, berms shall be a minimum of eight feet in height. All berms shall have a minimum slope of 3:1 and have a silt fence at the base on the side closest to adjacent property. The silt fence shall be maintained until vegetation is established; at which time it shall be removed.
P. Heights. The maximum height of any excavation, temporary crushing
equipment, or temporary stockpiles located no less than 1,000 feet
from the property line shall be a minimum of eight feet below the
average height of the adjacent berms within the mandatory setback.
Q. Weed control. The operator shall be required to control noxious weeds
and mow or harvest other vegetation to maintain reasonable appearance
of the site.
R. Explosives. If the operator desires the use of explosives, a separate
interim use permit shall be required for each incident to provide
adequate public notice and input.
S. General compliance. The operator must comply with all other federal,
state, regional, county and local laws and regulations applicable
to the operation of the mineral extraction facility, including but
not limited to mine safety and health rules, floodplain management
regulations, shoreland management regulations and zoning regulations.
No use or structure shall be operated or occupied in such an amount
or to such a degree or intensity as to constitute a hazardous condition,
or as to unreasonably interfere with the use of other property by
any person of normal sensitivities or to otherwise create a public
nuisance.
T. Additional regulations. The Township may impose additional regulations
and requirements on the mineral extraction permit to protect the public
health, safety, and welfare.
U. Reclamation. The operator must meet the following minimum standards
and conditions regarding reclamation.
(1) Reclamation plan. The operator must submit a reclamation plan containing
the following elements:
(b)
Methods and processes of reclamation;
(c)
Initial condition of mining site;
(d)
Limits of various operational areas;
(e)
Phasing and timing of operations and reclamation including areas
to be stripped of overburden;
(f)
Grading plans, on-site topsoil replacement, seeding, mulching,
erosion control and sedimentation control specifications;
(g)
Final condition of site, including proposed contours and absolute
elevation with respect to the average annual water table, and a potential
development plan, if applicable;
(h)
Relation of final site condition to adjoining landforms and
drainage features;
(i)
Relation of reclaimed site to planned or established uses of
surrounding land;
(j)
A plan for maintenance of reclaimed area; and
(k)
A detailed cost estimate of reclamation.
(2) Reclamation timing. The timing of reclamation activities shall comply
with the following:
(a)
It is expected that reclamation will be occurring in phases.
Reclamation shall also be completed in step with the opening of new
excavation areas of the facility. As-built surveys, soil borings,
water table elevation determination, or other testing may be required
as part of the review to ensure phased reclamation is completed according
to the approved reclamation plan.
(b)
Reclamation shall proceed in a continuous manner throughout
the duration of the mining operation and is subject to review and
approval at each annual inspection and at the end of the permit period.
(c)
Within three months after the termination of excavation operations
or within three months after the expiration of the interim use permit,
the operator or landowner shall dismantle buildings and structures
incident to mining operation and shall grade the excavation site as
well as complete all rehabilitation on the site as provided in the
approved reclamation plan.
(3) Water accumulations. Excavations in a Level 3 mine, resulting in
the continued exposure of substantial water areas after reclamation
must meet the following requirements (all other levels of mines shall
not result in water table exposure):
(a)
The water depth must not be less than three feet measured from
the average annual water table elevation as measured by piezometer
or monitoring well unless a plan for creation of a wetland or marsh
has been approved.
(b)
All banks shall be sloped to the water line at a slope which
shall not be steeper than four feet horizontal to one foot vertical.
(c)
All banks shall be surfaced with topsoil of a quality at least
equal to the topsoil of land areas immediately surrounding and to
a depth of at least four inches. All banks shall also be surfaced
with sodding or seeding and mulching. Mulch must be properly anchored.
(d)
All topsoil required by the subsection
U(3)(c) above shall be planted with trees, shrubs, grasses, or native vegetation, or return to agricultural use.
(e)
Slopes on reclaimed areas shall not be steeper than four feet
horizontal to one foot vertical, except in cases where nonerodible
conditions are present, and the Planning Commission approves the reclamation
plan.
(f)
In man-made groundwater lakes, the bottom contour shall be gradually
sloping from the shoreline to the deepest portion of the water body
at a maximum slope of six feet horizontal to one foot vertical for
at least 100 feet from the shoreline toward the center of the water
body. Beyond 100 feet horizontal distance from the shoreline, the
slope of the bottom may be no steeper than three feet horizontal to
one foot vertical.
(g)
All groundwater lakes or wetlands created as part of the reclamation
plan shall comply with state, county, and local laws, regulations,
ordinances, requirements, and guidelines, including Minnesota Department
of Natural Resources guidelines for surface water creation.
(4) Grading and backfilling. Excavations not resulting in surface water
creation after reclamation, but which must be graded or backfilled,
shall meet the following requirements:
(a)
Fill of soil shall be inspected and certified as being clean
(free of volatile organic compounds, contaminants, noxious weed seeds
and heavy metals) before being used for reclamation; only organic
soil shall be used for topsoil.
(b)
Fill of soil shall consist of nonnoxious, nonflammable, noncombustible
solids.
(c)
The graded or backfilled area shall not collect or permit stagnant
water to remain therein.
(d)
The peaks and depressions of the area shall be reduced to a
gently rolling topography in substantial conformity to the land area
immediately surrounding and which will minimize erosion due to rainfall.
(e)
Graded or backfilled areas shall be surfaced to a depth of at
least four inches with topsoil of a quality at least equal to the
topsoil of immediately surrounding areas.
(f)
Topsoil required by Subsection
U(4)(f) above shall be planted with trees, shrubs, grasses, or native vegetation, or return to agricultural use; and inspected to be free of noxious weeds.
(g)
Slopes on reclaimed areas shall not be steeper than four feet
horizontal to one foot vertical, except in cases where non erodible
conditions are present, and the Planning Commission approves the reclamation
plan.
(h)
All reclamation areas which are planned for building purposes
shall have a final elevation at least 10 feet above the normal ordinary
groundwater level. If public sewer is not available, plans for on-site
septic systems must be considered. If the area is backfilled for purposes
of future development, the soil must be compacted, and subsequently
tested and approved by a licensed soils engineer.
(i)
Drainage. Reclamation shall proceed in a manner that preserves
natural and storm drainage entering and leaving the premises. Said
drainage shall be altered to the least extent necessary for carrying
out reclamation and related activities. Natural and storm drainage
shall not be altered in a manner that adversely affects public roads
or neighboring uses.
(j)
Cover and planting. The reclamation area shall be planted with
grass, trees, shrubs, or other vegetation to prevent erosion and provide
screening and improved aesthetics. Technical assistance and soils
data should be obtained from the county agricultural agent, appropriate
state and federal officials, conservation districts, and the nearest
soil conservation service officer.
(k)
Topsoil. Topsoil that is stripped or removed must be stockpiled
and set aside on the site for re-spreading over the reclaimed area
unless the quantity is sufficiently in excess of need that the Town
Board approves plans for its removal.
(l)
Removal of structures. All buildings and other structures not
otherwise allowed per the development agreement shall be removed from
the property and the property shall be restored in conformance with
the reclamation plan within three months after expiration of a mining
permit or termination of a mining operation or within three months
after a mining operation has been abandoned for six months.
(m)
Best practices for preservation and restoration of soil. In
order to protect the environment and the public's health, safety,
and welfare, applications shall incorporate best practice standards
into the design, operation, and reclamation of mineral extraction
facilities. A list of best management practices for the preservation
and restoration of soil is available through the Minnesota Department
of Natural Resources at: https://www.dnr.state.mn.us/water_access/bmp/soil_retention_bmp.html.
The Town Board reserves the right to supplement these standards as
appropriate.
(5) Soil and Water Conservation District and watershed review and recommendations.
As a part of the original application for an interim use permit, the
operator shall submit grading plans, phased reclamation plans and
water control plans to the Dakota County Soil and Water Conservation
District and to the governing bodies of the Township's watersheds
for review and recommendations. Said recommendations on the phased
reclamation, grading, soil, and water retention plans shall be reviewed
annually by the Town Board and may be included as conditions of the
interim use permit.