All mineral extraction facilities that were lawfully established prior to the effective date of this chapter, and that were not discontinued for a period of more than one year since establishment, are subject to the provision of Article I of this chapter and those portions of Articles II-V specified in this article as well as Articles VI-X of this chapter. The Town Board determines the application of these provisions to lawful nonconforming mineral extraction facilities is necessary in order to address potential nuisances created by the facilities and to protect the public health, safety, and welfare. Any nonconforming operation when it was originally established is required to apply for and obtain an interim use permit from the Township prior to expanding the operation.
A. 
Two mineral extraction facilities hold IUPs as of the effective date of this chapter. Those facilities will continue to operate under their respective IUPs as legal nonconforming uses. When the IUPs expire, new applications and development agreements fully compliant with Articles II-IV of this chapter must be completed. Beginning in January 2024, these mineral extraction facilities must file reports that satisfy the requirements of § 165-12 and must operate in compliance with the performance standards in Article V, except for § 165-13N, Phasing plan and U, Reclamation plan, unless those performance standards conflict with its existing interim use permit, development agreement or approved phasing and reclamation plans. If requested by the Mining Superintendent or the Town Board, the holder of a permit will discuss necessary changes to its operations if immediately important to abate a nuisance or to protect public health, welfare, or safety even if its practices are consistent with previous standards or approved plans. If the Town Board cannot reach agreement with the mineral extraction facility, it may take steps to enforce the standards of this chapter as needed to address nuisances created by the noncompliant facility. An operator of one of these mineral extraction facilities may request a reasonable extension of time to comply with any updated performance standards in Article V. The Town Board will grant the request if in its sole judgement good cause is shown.
B. 
One mineral extraction facility formerly owned by the State of Minnesota was acquired by another owner after 2002, however the Township has not yet required an application for an interim use permit be filed. The legal property description for this mine is at § 165-31. By December 2028 the operator and/or landowner of this mineral extraction facility must have fully complied with Articles II to IV and Article X, § 165-13N and U of this chapter. Beginning in January 2024, these mineral extraction facilities must file reports that satisfy the requirements of § 165-12 and must operate in compliance with Article V except for § 165-13N and U. The landowner and/or operator of this mine may request a reasonable extension of time to comply with any enhanced performance standard in Article V. The Town Board will grant the request if in its sole judgement good cause is shown.
C. 
There are four mineral extraction facilities that existed prior to 2002 and have continued as lawful nonconforming uses since that time. The legal descriptions for these previously permitted mineral extraction facilities are in § 165-31. Notwithstanding Article II, § 165-4, those mineral extraction facilities in the Township that exist as of the effective date of this chapter and obtained from the Town Board an annual mining permit prior to calendar year 2002, shall have the right to continue as mineral extraction facilities under the original licenses and as legal nonconforming uses without first obtaining an interim use permit for a mineral extracting facility required by § 165-4, as long as there is compliance with the conditions of this article. Compliance with performance standards in Article V, § 165-13U, Reclamation plan, is not required and for a facility that has a reclamation plan and phasing plan approved by the Township and is in compliance with those plans as of the effective date of this chapter. If requested by the Mining Superintendent or the Town Board, the holder of a permit will discuss necessary changes to its reclamation plan and phasing plan if immediately important to abate a nuisance or to protect public health, welfare, or safety even if its reclamation plan and phasing plan are consistent with previous standards or approved plans. If the Town Board cannot reach agreement with the mineral extraction facility, it may take steps to enforce the reclamation plan and phasing plan standards of this chapter as needed to address a nuisance or to protect public health, welfare, or safety issues created by the nonconforming facility. The mines will provide a comparison of their 2002 reclamation plans in effect versus the 2023 requirements, as outlined in § 165-13U, highlighting any key differences, in their opinion, within 12 months of new text, for joint discussion with mining superintendent and Planning Commission to better understand related necessity and costs. This right shall run with the applicable property and this right shall be subject to Minn. Stat., § 462.357, Subdivision 1e.
The following performance standards shall apply to all existing mineral extraction facilities in the Township that are permitted to operate by § 165-29B of this chapter. These performance standards are either identical to or are updates to the standards previously required in Or. 6, Ch. 13 (repealed):
A. 
Hours of operation. Previously permitted mineral extraction facilities shall operate only between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday. Truck loading and hauling of material shall be allowed on Saturdays only between the hours of 7:00 a.m. and 3:00 p.m. A mineral extraction facility may be open one hour before and one hour after the hours of operation to allow for staging and equipment repair. 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 Town Clerk or a Town Board member in advance of the proposed exception.
(2) 
The Town Board must approve other extensions to the hours of operation, such as Saturday operation, government agency contracts and other evening work.
B. 
Setbacks. Production or processing of minerals shall not be closer than 30 feet to the boundary of any zone where such operations are not permitted, nor shall such production or processing be conducted closer than 20 feet to the boundary of any adjoining property line, nor closer than 200 feet to any adjoining structures, unless the written consent of the fee owner of such adjoining property is first secured. Mineral extraction shall not be made closer than 30 feet to the right-of-way line of any existing or platted street, roadway or highway, except that excavating may be conducted in such limits in order to reduce the elevation thereof in conformity with the existing or platted street, road or highway.
C. 
Accessory uses. No accessory use will be allowed in conjunction with the mineral extraction facility unless the accessory use, by separate voting action of the Town Board, is approved by the Town Board. The accessory uses of a concrete block production plant or ready-mix concrete production plant or asphalt production plant shall be strictly prohibited. A concrete recycling plant and an asphalt recycling plant are also prohibited, except as stated in § 165-30D. The storage, stockpiling, sale, and mixing of materials that have been excavated off site are strictly prohibited except for the mixing of materials as provided in § 165-30D.
D. 
Source of materials. Only minerals from the site shall be processed at the mineral extraction facility; subject, however, to the following exceptions:
(1) 
Recyclable concrete and recyclable asphalt may be crushed and mixed on site if the crushing and mixing do not exceed 15 working days per calendar year and if the recyclable concrete and recyclable asphalt originated from a road demolition or road repair project in the Township of Eureka.
(2) 
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.
E. 
Surface water. The mining operation shall in no way be allowed to negatively interfere with surface water drainage nor shall the mining operation be allowed to affect the quality of surface or subsurface water.
F. 
Black dirt and topsoil. The excavation or removal of black dirt or topsoil for sale or for use other than on the premises from which the soil is taken, except in connection with the construction or alteration of a building on the premises and the excavation or grading incidental thereto, is prohibited.
G. 
Dewatering. Dewatering to obtain minerals intersecting the groundwater shall not be allowed. The use of equipment, such as draglines, track hoes and backhoes, to obtain minerals intersecting groundwater shall be allowed.
H. 
No expansion without obtaining interim use permit. The mining area may not be expanded beyond the boundaries for the mining area that were approved in the annual mining permit for 2002 (previously issued by the Township under now repealed Township Ordinance No. 13). If the operator seeks to expand the mining area, the operator must obtain an interim use permit for the entire mineral extraction facility under Article II, § 165-4, including those portions previously mined as well as the proposed expanded mining area.
I. 
The following performance standards in Article V must be met by previously permitted mineral extraction facilities. Any mine may request a reasonable extension of time to comply with any enhanced performance standard. The Town Board will grant the request if in its sole judgement good cause is shown: § 165-13C, D, E, F, G, H, J, L, Q, R, and T.
The preexisting mineral extraction facilities that meet the requirements of § 165-29 are only the following four properties in the Township of Eureka, Dakota County, Minnesota, legally described as follows:
A. 
Facility No. 1 legal description. The south one-half of the northeast quarter of Section 7, Township 113 North, Range 20 West, containing 80 acres, more or less.
B. 
Facility No. 2 legal description. That part of the northeast quarter of the northwest quarter of Section 7, Township 113 North, Range 20 West, containing 40 acres more or less. The actual area to be mined will be approximately 24 acres.
C. 
Facility No. 3 legal description. That part of the south half of the northwest quarter of Section 7, Township 113 North, Range 20 West, Dakota County, Minnesota, described as follows:
(1) 
Beginning at the southeast corner of the west 1,716 feet of the said S 1/2 of the NW 1/4 of the said Section 7; thence north along the east line of the west 1,716 feet of the said S 1/2 of the NW 1/4, a distance of 600 feet, more or less, to the north line of the south 600 feet of the said S 1/2 of the NW 1/4; thence west along the said north line of the south 600 feet, a distance of 726 feet, more or less, to the east line of the west 990 feet of the said S 1/2 of the NW 1/4; thence north along the said east line of the west 990 feet, a distance of 720 feet, more or less, to the north line of the said S 1/2 of the NW 1/4; thence east along the said north line to the west line of the east 630 feet of the said S 1/2 of the NW 1/4; thence south along the said west line of the east 630 feet, a distance of 930 feet, more or less, to the south line of the north 930 feet of the said S 1/4 of the NW 1/4; thence east along the said south line of the north 930 feet, a distance of 580 feet, more or less, to the west line of the east 50 feet of the said S 1/2 of the NW 1/4; thence south along the said west line of the east 50 feet, a distance of 390 feet, more or less, to the south line of the said S 1/2 of the NW 1/4; thence west, along said south line to the point of beginning.
D. 
Facility No. 4 legal description.
(1) 
The existing ten-acre site where mining has occurred surrounding and including the following parcels: Beginning at the SW corner of Section 6, Township 113 North, Range 20 West, thence east along the south line 600 feet, thence north 200 feet, thence east 355 feet, thence south 200 feet to the south line of Section 6, Township 113, Range 20, then back to the point of beginning; and
(2) 
Beginning at the NW corner of Section 7, Township 113, Range 20, thence east along the north line 600 feet, thence south 400 feet, thence east 355 feet, thence north 400 feet to the north line of Section 7, Township 113, Range 20, thence west to the point of beginning.
E. 
Facility No. 5 legal description.
(1) 
Tract A: The northerly 930 feet of the easterly 630 feet of the SE 1/4 of the NW 1/4 of Section 7, Township 113, Range 20 West; together with the easterly 50 feet of the SE 1/4 of the NW 1/4 of said Section 7, lying southerly of Tract A hereinbefore described, to be used for haul road purposes only; excepting therefrom the existing highway; containing 13.95 acres, more or less, of which 13.50 acres are for pit, and 0.45 acre is for haul road purposes only.