§ 155.292. RECLAMATION, RESTORATION AND REHABILITATION.

The applicant shall comply with the following time limits and standards during partial and complete reclamation of the sand and gravel site:

(A) At the time of initial application, and as an annual update is necessary during the review of the excavation permit, the applicant shall meet the requirements and procedures for a planned unit development, §§ 155.260 through 155.271, illustrating all present and future staged uses proposed for a sand and gravel site undergoing reclamation. The city may combine public hearings for the conditional use permit and planned unit development end use plan. Each annual excavation permit shall be attached to the original conditional use permit as an amendment thereto. The city may require annual excavation permit applications, that differ from the initially approved operations and end use plans or from the conditional use permit, to be reviewed at a conditional use permit amendment public hearing. Each annual excavation permit shall contain an end use reclamation, restoration and rehabilitation plan for the area in which mining has been completed for that year.

(B) All designated community collector street right-of-ways, county road right-of-ways and utility corridors approved as part of an end use planned unit development shall be fixed in vertical and horizontal location and recorded with the County Recorder as per the requirements of the official mapping statutes, M.S. § 462.359, prior to the issuance of the first excavation permit for the site. The approved and recorded official map may be amended from time to time and re-recorded after approval by the City Council.

(C) Water bodies and drainage plans.

(1) All proposed end use drainage, storage, surface run-off and manmade groundwater lakes or wetland plans are subject to review by the Vermillion River Water Management Organization. All ground water lakes and ground water wetlands created as part of the end use plan for a mined area shall be subject to the city’s shoreland management ordinance. Lakes, wetlands and developable lands within 500 feet of the shoreline shall be classified as “recreational development” shoreland areas. These areas shall adhere to all shoreland setback criteria listed in §§ 155.305 through 155.318 in effect on the date of the original conditional use permit approval unless otherwise stipulated in the conditional use permit.

(2) All drainage ways from impervious surfaces of the sand and gravel end use plan shall be graded and drained in a manner to direct runoff to surface water sedimentation and filtration ponds or wetlands prior to release into any groundwater lake or wetland.

(3) Ground water lakes and wetlands which are greater than ten acres in water surface created as a part of the mining excavations shall be graded to allow for end use public pedestrian access systems within shorelines designated for public ownership.

(D) As a portion of the planned unit development, the applicant shall submit grading plans, including two-foot contour intervals, illustrating the proposed final grades within the portion of the site rehabilitated each year with the application for an annual excavation permit. All rehabilitation areas which are planned for land and building uses, other than permanent open space or agriculture, shall have a final elevation at least 15 feet above the normal ordinary groundwater level; and, the areas shall be planned for gravity connection to the city’s municipal sanitary sewer or storm sewer system or as approved by the City Engineer. If a final elevation plan for the site has not been submitted to the City Council for approval within six months after abandonment or completion of operations, the city may contract to complete the grading plans and the on-site earth movement and rehabilitation work and charge these engineering and construction costs to the applicant or current operator’s performance bond and assess the owner of the property for any costs not covered by the performance bond.

(‘81 Code, § A1-48) (Ord. 291, passed 4-21-83; Am. Ord. 472, passed 1-25-90)