CITY OF COON RAPIDS, MINNESOTA
CHAPTER 11-2000
MINING AND LAND RECLAMATION REGULATIONS
11-2001 Permit Required. It shall be unlawful for any
person to remove, store, fill, or excavate rock, sand, dirt, gravel, clay,
black dirt, peat, or similar material in the amount of up to 1,000 cubic
yards without obtaining a mining permit from the Zoning Administrator, nor
more than 1,000 cubic yards without first having obtained a conditional use
permit through the required procedure.
11-2002 Exceptions. This Chapter shall not apply to:
(1) The excavation, removal, or
storage of rock, sand, dirt, gravel, clay, black dirt, peat, or other like
material for the purpose of compliance with a grading plan approved as part
of a subdivision plat or site plan or for the
purpose of the yard, foundation, or basement of a building in the process of
being erected, built, or placed thereon contemporaneously with, or
immediately following, such excavation, removal, or storage. [Revised
6/1/04, Ordinance 1841] [Revised 01/16/07, Ordinance 1940]
(2) The excavation, removal, or storage of rock, sand, dirt, gravel, clay,
black dirt, peat, or other like material by a public agency incidental to
the construction or maintenance of streets or utilities.
11-2003 Application. Application for a mining or
conditional use permit shall be made in writing to the Zoning Administrator
or Director of Community Development on such form as he may from time to
time designate and shall include such information as may be required,
including, but not limited to, the following:
(1) The signature and address of
the applicant and owner of the land.
(2) The correct legal description of the premises from which the storage,
removal, or excavation of rock, sand, dirt, gravel, clay, black dirt, peat,
or similar materials shall occur.
(3) The purpose of the removal, storage, or excavation.
(4) The estimated time required to complete the removal, storage, or
excavation.
(5) The public rights-of-way within the City upon which the material
excavated or removed shall be transported.
(6) A map of the proposed excavation, the proposed finished elevations, and
the land uses within 100 feet of the site.
11-2004 Mining Standards.
(1) Fencing. Any pit or excavation
that constitutes a danger or safety hazard shall be enclosed by a fence or
equivalent barrier of at least six (6) feet in height.
(2) Banks. The banks of any pit or excavation shall be sloped to prevent
sliding or caving of banks.
(3) Drainage. Any pit or excavation shall be so drained that it will not
collect stagnant water.
(4) Streets or Drives. Dust shall be controlled on interior drives or
streets so that it does not annoy other people.
(5) Rehabilitation Plan. Upon completion of the removal, storage, or
excavation of material, the site shall be rehabilitated to the following
minimum standards:
(a) The banks of all excavation
sites shall be sloped at a grade of not less than two (2) feet horizontal to
one (1) foot vertical. This slope shall be maintained 20 feet beyond the
water line, if water exists.
(b) The finished grade of all excavation sites shall not adversely affect
the surrounding land or the development of the site on which the excavating
is being conducted.
(c) Soil banks shall be graded to ground level.
(d) All banks and extracted areas shall be covered with at least four (4)
inches of black dirt and shall be seeded with grass.
(e) All excavation below the water table shall be backfilled with
non-noxious solid material to at least two (2) feet above the water table.
If the applicant can show that leaving the excavation as a permanent lake
can serve a useful purpose to the development of the site or surrounding
area, the applicant may be permitted to create such lake, provided that the
lake has a flow of water through it to prevent stagnation of the water.
(6) Time Period. A permit issued
by the Zoning Administrator or Planning Commission for mining shall be for a
period up to one (1) year, with renewal permitted for subsequent one (1)
year periods.
(7) Security Agreement. The applicant shall submit security bond, cash
escrow, or irrevocable letter of credit, in such form and sum as the City
may require, conditioned to pay the City the cost and expense of repairing
any public right-of-ways made necessary by the special burden resulting from
hauling and transporting thereon by the applicant in the removal of rock,
sand, dirt, gravel, clay, black dirt, peat, or other like material and
conditioned further to comply with all the requirements of this Chapter and
the particular mining or conditional use permit and to save the City free
and harmless from any and all suits or claims for damages resulting from the
negligent excavation, removal, or storage of rock, sand, dirt, gravel, clay,
black dirt, peat, or similar material within the City. The security
agreement shall contain a clause indicating that cancellation shall only be
by written release by the City of Coon Rapids.
11-2005 Land Reclamation Permit. The reclaiming of land by
depositing of material so as to elevate the grade shall be permitted only
after issuance of a land reclamation permit. Such permit shall be required
in all districts on any lot or parcel upon which 200 cubic yards or more of
fill is to be deposited for land reclamation. Such permits may be issued by
the Zoning Administrator for deposits of up to 1,000 cubic yards of fill.
Deposits of over 1,000 cubic yards shall be processed as conditional use
permits.
11-2006 Conditions of Permit. The permit shall include as
a condition thereof a finished grading plan which will not adversely affect
adjacent land, and as a condition thereof shall regulate the type of fill
permitted, plans for the general maintenance of the site and adjacent area,
and make provision for control of material dispersed from wind or hauling
material to the site. All filled areas shall be covered with a minimum of
four (4) inches of black dirt and shall be seeded with grass. The use of
solid waste materials as fill shall be subject to the provisions of Section
11-1850.
The City may require a security agreement as a condition
of the land reclamation permit in accordance with Section 11-2004(7).