This title provides material site land use regulations to allow extraction of material resources in a manner that is compatible with the maintenance of community health, safety and welfare and natural resource integrity. These purposes are accomplished by:
A. 
Promoting the goals and objectives of the city of Dillingham comprehensive plan;
B. 
Promoting the orderly and beneficial development of such areas by the owner/permittee in a manner that will not devalue the extraction site or neighboring properties for future beneficial uses upon completion of resource extraction;
C. 
Promoting diversified land use and economic opportunity;
D. 
Encouraging the most appropriate uses of land; and
E. 
Protecting and enhancing quality of life, health, and safety within the city of Dillingham.
(Ord. 14-06 § 5 (part), 2014)
A. 
This chapter applies to all private and public lands in the city of Dillingham.
B. 
This chapter shall not apply when material extraction is not intended for sale or barter, or where the area where gravel is to be extracted is less than one acre, or where the annual extraction of materials is five hundred cubic yards or less.
C. 
Extraction that exceeds the standards stated in Section 18.42.030(B) requires an administrative review permit or conditional use permit. See Section 18.42.030, Types of material site permits and review authority, for requirements determining which permit is required.
D. 
Material extraction falling below the thresholds in Section 18.42.030(B) shall comply with requirements found in Section 18.16.030, General land use permit, and the additional standards below:
1. 
Hours of Operation. Operation is not permitted between the hours of eleven p.m. to seven a.m.
2. 
Buffers Required. Policies established in Section 18.42.100(B)(2), Buffers, shall apply to all material sites regardless of their location and volumetric extraction amount, with the exception that on parcels of three acres or less, the acceptable buffer width may be reduced to twenty-five feet.
E. 
Exploration work conducted prior to material extraction must comply with setbacks and other dimensional standards of the underlying land use district, and shall result in minimal disturbances to vegetation, water ways and neighboring uses.
(Ord. 14-06 § 5 (part), 2014)
A. 
The types of permits available for material sites are:
1. 
Administrative Review Permit (ARP). A permit approved, approved with conditions, or denied by the planning director in accordance with procedures outlined in Section 18.16.040, Administrative review.
a. 
To qualify for an ARP, the following criteria must be met:
i. 
The cumulative continuous area of activity is less than five acres in size;
ii. 
Extraction activities allowed by this permit shall not exceed five years. A one-time extension may be granted, for a period no longer than twelve months, after which a renewal permit must be obtained;
iii. 
The material site property lines are within five hundred feet of parcel boundaries of four or fewer residential parcels.
2. 
Conditional Use Permit (CUP). A permit approved, approved with conditions, or denied by the planning commission. The CUP process shall proceed in accordance with procedures outlined in Section 18.16.050, Conditional use.
a. 
The following criteria qualify an application for a material site CUP:
i. 
A cumulative continuous area of activity is equal to or greater than five acres in size;
ii. 
Any material site operation with extraction occurring below the average annual high water table;
iii. 
Extraction activities allowed by this permit shall not exceed five years. A one-time extension may be granted, for a period no longer than twelve months, after which a renewal permit must be obtained;
iv. 
A material site with five or more residential parcels located within five hundred feet of its parcel boundaries; or
v. 
A material site that includes or immediately adjoins anadromous streams.
B. 
Conditions. During an ARP or CUP process, the review authority may set conditions of approval upon the area in which the material site is located, including but not limited to the following:
1. 
Setbacks may be increased as appropriate for increased compatibility with surrounding property;
2. 
Visual screening, buffering, noise mitigation, lighting restriction and ingress/egress restrictions as appropriate for increased compatibility with surrounding property, and in accordance with the goals in Section 18.42.100, Performance standards;
3. 
Road maintenance, including dust mitigation, may be required of the material site operator; and
4. 
The location of batch plants.
(Ord. 14-06 § 5 (part), 2014)
Any appeal of a material site permit determination shall be subject to the policies and procedures outlined in Chapter 18.52, Appeals.
(Ord. 14-06 § 5 (part), 2014)
The applicant of a material site permit shall be responsible for all associated review fees, based upon the following schedule:
A. 
Administrative permit: one hundred dollars.
B. 
Conditional use permit: two hundred dollars.
(Ord. 14-06 § 5 (part), 2014)
A. 
Prior to submitting an application for a material site permit, applicants may request a pre-application conference with the Dillingham planning department. For both the ARP and CUP required under this chapter, the following shall be submitted to the department:
1. 
A completed general land use permit application form provided by the department;
2. 
A mining plan in accordance with Section 18.42.070;
3. 
A reclamation plan acknowledging future compliance with standards as outlined in Section 18.42.080, Reclamation plan; and
4. 
A fee in the amount designated in Section 18.42.050.
B. 
The planning director may reject any application which is incomplete or fails to meet the requirements of this chapter. The rejection shall be in writing and shall state the deficient items. Once the deficiencies have been corrected, the complete application will be processed within the times specified below.
C. 
If the minimum criteria for an ARP can be met, the planning director shall render a decision within sixty days of acceptance of the application.
D. 
If the proposed development exceeds the minimum criteria for an ARP, surrounding property owners will be notified and a public hearing before the planning commission for a CUP shall be conducted within sixty calendar days of the acceptance of a complete application. The applicant may waive the sixty-day limit.
E. 
The planning commission shall hear any interested parties and shall render a decision on the application for a CUP within sixty calendar days from the date of public hearing, unless the applicant agrees to a time extension. In the granting of a CUP, the planning commission shall state in writing the conditions of any approval of the permit.
(Ord. 14-06 § 5 (part), 2014)
A. 
All applicants seeking a material site permit must submit a mining plan. The mining plan shall describe the existing conditions of the site, and the operator's plan for material extraction and site management. At a minimum, the mining plan shall include the following:
1. 
The information required as part of a general land use permit;
2. 
Photos of the existing property displaying existing vegetation;
3. 
An existing conditions map showing:
a. 
Parcel boundaries with dimensions;
b. 
Location, dimensions, and purpose of rights-of-way and easements within the property;
c. 
General location and dimensions, and use of all existing structures;
d. 
Location and dimensions of all existing roads, driveways, parking areas, patios, decks, walkways, and other impervious area(s);
e. 
Location of all utilities, including but not limited to septic tanks and drainfields, water, power, and telecommunications;
f. 
Location of any streams, lakes or other surface water bodies, as defined; identify which, if any, of the streams are anadromous water bodies;
g. 
Other significant distinguishing land features such as slopes greater than twenty percent within or adjacent to the parcel;
h. 
Vicinity map showing the land uses on adjacent parcels;
4. 
An operations and extraction plan showing:
a. 
Location and boundaries of extraction site(s);
b. 
Location of proposed utilities;
c. 
Location, dimension, and use of all proposed structures;
d. 
Storm water management;
e. 
Distance of proposed structures from all property lines, from rights-of-way, easements, and other structures;
f. 
Mining activity phasing plan, showing the sequence of extraction and the relationship to required reclamation; and
g. 
Site ingress/egress, including haul roads within the site, and planned path of trucks delivering materials to off-site locations;
5. 
A performance standards compliance map depicting compliance with those standards in Section 18.42.100, Performance standards;
6. 
A reclamation plan addressing issues outlined in Section 18.42.080;
7. 
All maps required above shall be submitted with a north arrow, maintain a consistent orientation, and use a similar scale with one inch equaling an even number of feet not more than two hundred feet. If a one inch equals two hundred feet scale cannot represent the entire property, multiple maps must be provided;
8. 
When practical and beneficial to the simplicity and efficiency of the application, the requirements outlined in this section may be combined onto a single plan and/or map.
(Ord. 14-06 § 5 (part), 2014)
A. 
For all extraction operations permitted under this title, or for those material sites with a legal nonconforming status, reclamation of each phase of operation shall start as soon as that phase of extraction is over. The reclamation process will be completed in accordance with this section within four years of an extraction phase becoming complete.
B. 
Reclamation is not required for those portions of mining phases that overlie subsequent phases.
C. 
The following actions must be conducted to satisfy the requirements of the reclamation plan:
1. 
Junk vehicles, junk vehicle parts, and trash shall be removed;
2. 
Slopes shall be graded to attain a maximum fifty percent slope or the natural stabilized angle of repose of the existing earth material:
a. 
Site soils more susceptible to erosion or liquefaction require a slope adequate to ensure stabilization;
b. 
Slopes shall be graded to blend with the surrounding undisturbed topography.
D. 
Surface water quality shall be protected by implementing applicable best management practices described in the current publication of the State of Alaska Department of Environment Conservation's User Manual Best Management Practices for Gravel Pits.
E. 
All disturbed areas shall be covered with a minimum compaction depth of four inches of organic material or soil stripped and stockpiled during initial development activities.
F. 
Surface areas shall be revegetated to protect against erosion.
1. 
A vegetative cover shall be established and maintained over all disturbed areas on the material extraction site in conformance with the current Alaska State Department of Natural Resources, Division of Agriculture, Revegetation Manual for Alaska. A copy of this manual may be reviewed at the planning department;
2. 
Reseeding of reclaimed areas shall utilize certified seed suitable for Alaska conditions that is free of noxious weeds or undesirable plant species identified in 11 AAC.34.020, Prohibited and Restricted Noxious Weeds;
3. 
Seventy-five percent live plant cover of the entire restored area shall be achieved within four years of the phase being completed.
G. 
Areas covered by buildings, paved driveways, paved roads, and paved parking lots and areas where future utility easements and septic systems will exist are exempt from the reclamation standards outlined in subsections (E) through (F) of this section.
H. 
Standards for reclamation below the high water table upon completion of materials extraction are as follows:
1. 
The first twenty feet of slope below the water table shall not exceed ten percent to create a benthic zone; and
2. 
The remaining slope within the water table shall not exceed the stabilized angle of repose.
I. 
The owner/operator of the material extraction site shall record a restoration agreement with the State Recorder that runs with the land, to assure the city that the sale of the property to any other owner/operator for any reason will cause the new owner/operator to comply with the terms of the restoration agreement within the time constraints on the agreement.
(Ord. 14-06 § 5 (part), 2014)
A. 
Extraction of material below the high water table requires a permit under this title except:
1. 
Material extraction in navigable water performed under the authority of the state or federal governments.
B. 
Compliance with these standards shall be paid for by the applicant, and required monitoring and testing procedures shall be coordinated with the city of Dillingham staff, to ensure these actions comply with required standards.
C. 
Prior to application for a material site permit with extraction occurring in the high water table, the following requirements shall be met:
1. 
Installation of a minimum of three water monitoring tubes or well casing as recommended by a qualified professional to adequately determine groundwater flow direction, hydraulic gradient, water table and seasonal high water table elevation, and monitor groundwater quality upgradient and downgradient of the proposed activity on the property;
2. 
Collection of a sufficient number of representative groundwater samples, as recommended by a qualified professional, to determine baseline water quality:
a. 
Baseline representative groundwater samples shall be collected biannually (either mid-summer and fall or fall and late winter) from monitoring wells and be analyzed for any chemicals that present a risk to groundwater quality by appropriate methods approved by the state;
b. 
Representative groundwater samples shall be collected under supervision of a qualified professional using sampling methods and analytical methods as defined by a state-certified laboratory. Sampling methods shall include documentation to assure acquisition of representative samples;
3. 
Determination of seasonal high water table elevation, groundwater flow direction, hydraulic gradient, and water table elevation for the site shall be measured under supervision of a qualified professional;
4. 
A written report shall be completed by a qualified professional that makes a determination about the potential adverse effects to groundwater and surface water quality for surrounding water users and adjacent properties. The report shall be submitted with the CUP application and shall:
a. 
Identify existing public water system sources (i.e., wells, springs, surface water intakes), as identified by the city or state, that are located within one thousand feet of the boundary of the property on which the activity will take place;
b. 
Identify actual or presumed private drinking water wells located within one thousand feet of the boundary of the property on which the activity will take place and include a copy of the available well logs. The qualified professional shall inspect ADNR well log records if available for wells;
c. 
Contain maps at appropriate scales presenting the results of the well search, and setbacks and/or buffers required by subsection (E)(7) of this section;
d. 
Include the water table elevation monitoring data, groundwater sampling analytical results, monitoring well logs and records of any test pits, and a discussion of the high water table determination;
e. 
Evaluate subsurface hydrologic conditions and identify potential adverse effects that may occur as a result of material extraction. The evaluation of the hydrologic conditions shall include identifying confining layers; and
f. 
The report and all data relied upon in creation of the report shall be provided to the city and shall be available to the public for inspection and review by members of the public.
D. 
In addition to the application requirements for a material site CUP, the requirements for water table extraction shall include:
1. 
A description of the proposed extent and depth of material extraction beneath the high water table;
2. 
A monitoring plan, and a spill prevention, control, and countermeasures plan;
3. 
A certificate of general liability insurance with limits not less than one million dollars per occurrence/one million dollars aggregate for operations involving less than forty acres and two million dollars per occurrence/two million dollars aggregate for operations involving forty acres or larger. Insurance shall insure liability for bodily injury and property damage and be written on the Insurance Services Office form number CG0001 12 07 or CG001 04 13 or a form as broad as CG0001 12 07 or CG001 04 13. The certificate of insurance shall include thirty days' notice of cancellation to the city. The city shall be named on the applicant's general liability policy as an additional insured and the applicant shall waive their rights of subrogation against the city. Such insurance shall remain in full force and effect in the specified amounts for the duration of the permit period;
4. 
A certificate of pollution liability insurance with limits of one million dollars per occurrence/one million dollars aggregate including third party bodily injury and property damage and cleanup costs. The policy must also provide coverage for natural resource damage including damage to groundwater and drinking water. If the responsible party's pollution liability (environmental) insurance is written on a claims-made form, the responsible party shall provide insurance for a period of three years after expiration or termination of the permit. The policy(ies) shall evidence a retroactive date, no later than the effective date of the CUP.
E. 
If approved, the operating standards for extraction within the high water table are as follows:
1. 
Groundwater flow direction, hydraulic gradient, and groundwater table elevation for the subject parcel shall be measured at least monthly during extraction. Monitoring wells must be maintained or replaced as needed with equivalent monitoring wells;
2. 
Implement the spill prevention, control and countermeasures plan in accordance with the United States of America Environmental Protection Agency's requirements and those provided by the State of Alaska Department of Environmental Conservation for above ground storage tank operations regardless of the quantity of petroleum products on site;
a. 
In the event of a reportable release of regulated contaminants, notification shall include the planning director and shall occur concurrently with notice to state and federal agencies, if applicable;
3. 
Collect groundwater samples semiannually prior to seasonal excavation startup and within two weeks of seasonal shutdown from the downgradient and crossgradient monitoring wells. Sample collection shall be conducted in accordance with sampling methods defined by a state certified laboratory;
a. 
Representative groundwater samples shall be analyzed, at a minimum, for benzene, toluene, ethylbenzene, xylenes, and total dissolved solids, by methods approved by a certified laboratory as well as any analyte identified in the water quality monitoring data with a concentration within fifteen percent of the applicable water quality standards established by state regulation. Groundwater sample analysis shall include testing for analytes that may indicate water quality changes including, but not limited to, pH, conductivity, nitrates, sulfates, sodium, calcium, magnesium, bicarbonate, and potassium;
b. 
Analytical sampling results and water elevation monitoring data shall be retained for two years following completion of reclamation activities and shall be provided to the planning director upon request;
i. 
If the monitoring data indicates that a maximum contaminant level set under 18 AAC 80 has been exceeded, or if the water level measurements indicate a shift, beyond natural variability, in the elevation of the water table, the owner or responsible party shall report that result to the planning department within forty-eight hours of notification;
4. 
A qualified professional shall annually submit a report to the department that includes a table of monitoring results:
a. 
Water quality sample analytical results in a table that includes the appropriate maximum contaminant levels established under 18 AAC 80; and
b. 
Water table elevation monitoring data;
5. 
Operations shall not breach or extract material from a confined aquifer or a confining layer beneath a perched aquifer currently used as a drinking water source;
a. 
If evidence suggests a confined aquifer or confining layer has been breached, or if groundwater or surface water elevation changes rapidly or beyond natural variation, the planning director shall be notified within twenty-four hours;
6. 
Proof of insurance as required by subsection (D)(4) of this section to mitigate impacts arising from the extraction activity shall be maintained until completion and acceptance of reclamation activities;
7. 
Operations shall maintain the permitted buffers and setbacks except where operations encompass contiguous parcels and extraction within the high water table is proposed across adjoining lot lines.
(Ord. 14-06 § 5 (part), 2014)
A. 
Applicants for material site permits must include a plan for compliance with performance standards. The purpose of these standards is to:
1. 
Minimize the impacts of off-site dust movement;
2. 
Minimize disturbances to other properties created by noise;
3. 
Minimize the visual impact;
4. 
Protect the integrity of water bodies and drainage ways; and
5. 
Ensure that post-material extraction land uses are able to utilize the property.
B. 
Compliance with the following performance standards shall be described within the material site mining plan:
1. 
Setbacks.
a. 
At a minimum, setbacks for a material site shall comply with the standards in the applicable land use district as outlined in Chapter 18.20, Land Use Districts; and
b. 
Any area within one hundred horizontal feet of a water body, in existence prior to permit issuance, shall remain undisturbed by material site activities.
2. 
Buffers.
a. 
Where a material site parcel boundary abuts a neighboring property or public right-of-way, a buffer shall be provided to minimize the visibility of the operation from public view, and to do so in a manner which is consistent with the pre-existing visual character of the landscape. The review authority shall determine which of the following form(s) of buffer is acceptable:
i. 
A minimum of fifty feet of undisturbed natural vegetation, measured perpendicularly from the parcel boundary;
ii. 
A planted, earthen berm at least six feet high with a slope of 2:1 or greater;
iii. 
An opaque fence at least six feet high;
b. 
For sites in largely undeveloped areas, and where natural vegetation meets the standard specified above, retention and/or recreation of natural vegetation is the preferred approach to meeting the above standard;
c. 
At its discretion, the review authority may waive buffer requirements where the topography of the property or the placement of natural barriers makes screening not feasible or unnecessary. Buffer requirements shall be made in consideration of and in accordance with existing uses of adjacent property at the time of approval of the permit. There is no requirement to buffer the material site from uses which commence after the approval of the permit.
3. 
Site Boundaries. All property boundaries must be identified in the field by markings such as metal posts, stakes, flagging, or blazed trees.
4. 
Hours of Operation. Extraction operations shall not be permitted between the hours of eleven p.m. and seven a.m.; however, the review authority may place alternative operational hours if appropriate for the operation's context.
5. 
Dust Mitigation. Water or magnesium chloride shall be applied to haul roads within the material site. The review authority may also require additional dust mitigation measures including but not limited to wheel washers and/or track outs at site entrance points, or active revegetation programs. Vehicles transporting sand and gravel will be maintained and operated to not spill gravel, sand or dust onto public roads. Dust mitigation shall be designed to be effective year round, including periods when the operation is not active.
6. 
Lighting Standards. Exterior light sources shall be shielded and directed towards the ground so as to not create glare on adjoining properties and to help maintain dark nighttime skies.
7. 
Surface Water Quality and Drainage. Storm water or pit dewatering shall be managed to avoid accelerated erosion or runoff burden on neighboring properties and/or water bodies. Options for water diversion include but are not limited to diversion ditches, trench drains, and culverts. Treatment options for water include but are not limited to settling ponds, retention basins, and constructed wetlands.
8. 
Hazardous Fuels.
a. 
No petroleum products or other waste shall be dumped on the site, access roads, or elsewhere;
b. 
Fuel storage containers larger than fifty gallons shall be contained in impermeable berms and basins capable of retaining one hundred and ten percent of the storage capacity;
c. 
Fuel storage containers fifty gallons or smaller shall not be placed directly on the ground, but shall be stored on a stable impermeable surface;
d. 
Locate above ground storage tanks farthest from the path of groundwater flow to private and public water systems and farthest from state-approved drinking water source capture areas, and outside the setbacks for all drinking water sources.
9. 
Site Ingress and Egress. Internal haul roads and access points to the exterior roadway system shall be the minimum necessary for material site operations. The operator shall locate access points and haul roads away from adjacent residential property to the greatest extent possible.
10. 
Pit Floor. Pit floor is to remain clean of all nongravel products.
11. 
Rock Crushing Equipment. Rock crushing equipment shall be located, to the greatest extent possible, away from property boundaries.
12. 
Garbage Disposal. All garbage is to be disposed of at a city-approved location. No garbage is to be buried.
13. 
Cuts and Fills. All mined slopes are to maintain 2:1 back slope and be benched at overburden/gravel joint area.
14. 
Site Security and Safety. Any areas of a material site that pose a hazard to the general public shall be enclosed by perimeter fencing at least six feet in height. Access to the material extraction area shall be strictly controlled by the owner with locking gates or cables at the entrance of access roads. The project manager shall make reasonable efforts to prevent trespass, nuisance, or unauthorized use such as public dumping, target practice, or unauthorized use of gravel by individuals.
15. 
Cultural Archaeological Resources. In the event that historically or culturally significant artifacts are unearthed during material extraction, all extraction must stop until an analysis of findings can be conducted by a qualified professional.
(Ord. 14-06 § 5 (part), 2014)
It is the operator's responsibility to have all necessary permits for conducting material site activities. Applicants may apply for a city of Dillingham material site permit prior to receiving all necessary state and/or federal permits, but the city will only issue a permit once an applicant can provide proof that all other permits have been obtained.
(Ord. 14-06 § 5 (part), 2014)
The city may inspect permitted material sites no less than once per calendar year. No advance notice of an inspection is required. Allowing such inspection shall be included as a permit condition of all material extraction site permits. An operator shall allow the city to access the site in an unrestricted manner.
(Ord. 14-06 § 5 (part), 2014)
Any activity on an approved material site that is not compliant with the standards of this title shall be subject to the fines and procedures outlined in Section 18.60.020, Violations—Penalties and remedies.
(Ord. 14-06 § 5 (part), 2014)
After the period of approval has lapsed, including any granted extensions, the owner or operator of a material extraction site must reapply for a material site permit renewal. The process for this renewal shall be subject to all applicable sections of this title.
(Ord. 14-06 § 5 (part), 2014)