The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section except where the context clearly indicates meaning:
Continuous operation.
A time in which surface or subsurface excavation, stockpiling, quarry and mine improvements, sales or marketing of material, shipping of material, processing, and/or reclamation of material has occurred within the past one (1) year by the owner or operator of a mine.
Excavation.
The removal of earthen material, rock, minerals, or soil to create a depression below the original topography, or underground tunneling in a commercially significant quantity.
Legacy municipal limits.
The portion of the city limits of the City of Granite Shoals, Texas, to the west of Valley View Lane and including lots abutting Valley View Lane, and south of RM 1431.
Mine.
A pit, quarry, or excavation in the earth used for the mining of minerals by excavating and/or removing the overburden lying above the natural deposit of minerals, mining directly from the natural deposits that are exposed and those aspects of underground mining having significant effects on the surface, and underground tunneling.
Mining operation.
Those activities conducted at or near the mining site and concomitant with the mining including extraction, storage, processing and shipping of minerals, and reclamation of the land affected by mining.
Variance.
A permit to engage in an act contrary to a usual rule, for example, the prohibitions against mining contained in this article.
(Ordinance 809-A adopted 3/23/21; Ordinance 826 adopted 4/12/2022)
(a) 
Generally.
Mining and excavation is generally prohibited in the city's legacy municipal limits, as that term is defined herein. With respect to that portion of the corporate limits of the city located to the north of RM 1431, no mining or excavation will be permitted within 1,000 feet of the property boundary of a public school and no excavation will be permitted within 200 feet of the northern right-of-way line for RM 1431, or as otherwise provided by state law. State or federal permits may include areas within 200 feet of RM 1431 so long as there is no physical mining excavation. Access to and from current and future mining operations is allowed through the 200 foot area along RM 1431 in which excavation is not permitted. Except as otherwise provided herein, the city prohibits mining operations, including any and all production and excavation operations, within the city's legacy municipal limits and the above-stated 1,000 feet of the property boundary of a public school.
(b) 
Continuous operations grandfathered.
The prohibitions of subsection (a) of this section and setbacks defined in section 10-112(1) do not apply to a mining operation that is in continuous operation as of the effective date of this article; provided, however, that the prohibitions of this article shall apply to a mining operation that ceases to remain in continuous operation as defined in section 10-110, and provided that any operator of property that is currently being used for a mining operation must file with the city secretary a metes and bounds description of the property that is currently being used for mining operations within the city limits within one hundred eighty (180) days from the effective date of this article.
(c) 
Exemption loss; variance. Excavation sites and mining operations that lose their exemption as noted herein above, shall be notified by the city and, within ninety (90) days of losing the exemption either be brought into compliance with this code, or take action to obtain a variance to operate as an expanded excavation site, or mining operation.
(d) 
Previously mined materials.
The removal, sale, marketing, or shipping of materials resulting from mining activities that occurred prior to the effective date of this article is not prohibited.
(Ordinance 809-A adopted 3/23/21; Ordinance 826 adopted 4/12/2022)
The following operating conditions and standards must be met at all times for all mining operations within the legacy municipal limits of the city:
(1) 
Setbacks.
Quarrying, excavating, mining, and other related land disturbance for new operation shall not take place within:
(A) 
One hundred (100) feet of adjoining property lines not owned by the operator or owner outright or through other property rights;
(B) 
Two hundred (200) feet of any existing occupied structures on property not owned by the operator or owner outright or through other property rights; or
(C) 
Two hundred (200) feet of any contiguous property not owned by operator or owner outright or through other property rights which is subdivided into residential lots.
(2) 
Fencing.
For the protection of the general public, a fence shall be constructed prior to the commencement of the operation. Said fence shall be, at a minimum, three (3) strand wire fence posted with warning signs.
(3) 
Dust control.
The operator must construct, maintain, and operate all equipment in such a manner as to minimize on-site and off-site dust produced by mining operations. The operator shall perform reasonable activities such as spraying of active operation areas with water in order to minimize dust when necessary.
(4) 
Noise.
All equipment and other sources of noise must operate in accordance with federal and state noise standards.
(5) 
Stormwater.
All mining operations must be permitted, to the extent required by law, under the Texas Pollutant Discharge Elimination System. In addition, all mining operations shall comply with Lower Colorado River authority requirements as applicable.
(6) 
Trucking operations.
The operator of a mining operation shall ensure that all loads leaving a mining operation within the city are loaded and operated in compliance with state law. The operator shall ensure that access roads shall be constructed and maintained in such a manner, and proper controls are in place, in order to prevent vehicles traveling to or from the mining operation from depositing mud, rocks, or debris on public roadways in the city.
(7) 
Point of contact.
The operator of mining operations must be clearly posted at the facility entrance in order to facilitate communication of public concerns.
(8) 
Insurance.
The operator of a mining facility shall provide proof of bodily injury, property damage, and public liability insurance, and blasting insurance when appropriate, in the amount of $1,000,000.00 for any occurrence.
(Ordinance 826 adopted 4/12/2022)
Variances for excavation and surface mining operations may be issued by the city council upon approval of a petition for a variance to conduct an excavation or surface mining operation(s) within the city limits. All petitions for variances must be in writing, addressed to the city council and include, at a minimum, the following information: Name, address, and phone number of petitioner; physical address for which the variance is being requested; petitioner's relationship to the property; detailed description of the operation to be conducted; period of time for which the variance is sought; and any other information deemed pertinent by either the city manager or the petitioner. The city council shall evaluate all information pertinent to the variance request. The decision of the city council is final and not subject to appeal.
(Ordinance 809-A adopted 3/23/21; Ordinance 826 adopted 4/12/2022)