4C - Ordinance Amendment Governing the Operation and Rehabilitation of Extractive Uses

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INI.. D. Equipment. All equipment and machinery shall be operated and maintained in such a manner as to minimize dust, noise, and vibration. Power drives or power producing machinery,not including vehicles,shall not be housed or operated less than i,000 feet from a residential use district. E. Processing. Crushing, concrete mixing, washing, a*4 refining, and other similar processing must be authorized by the CUP as an accessory use, provided, however, that such accessory processing does not conflict with the use regulations of the district in which the operation is located. Processing shall not be permitted in the residential districts.All processing equipment shall be located at least 1,000 feet from any residence, 200 feet from the OHW of any lake or stream, and outside of the wellhead protection area. The City may not approve such accessory uses if they are found to be incompatible with the neighborhood, in conflict with the City's Comprehensive Plan or do not meet the review criteria for the conditional use permit. F. Depth to groundwater separation. The applicant must indicate the proposed depth to groundwater table in the plan.The proposed extraction shall maintain a minimum separation of five(.$)feet. G. Water quality.The extractive use operation shall not adversely impact the quality of quantity of surface or groundwater resources as defined by the Minnesota Pollution Control Agency Minnesota DNR U.S.Army Corps of Engineers,or the Minnesota Department of Health. Surface water originating outside and passing through the extraction site shall be of equal quality,at its point of departure from the site to the water at the point where it enters the extraction site.The applicant shall perform the water treatment necessary to comply with this provision and provide a log of recorded water quality to the City on a regular basis. H. Waste materials and debris. No waste materials shall be disposed of on site \.. unless authorized by the City. Stumps brush and other natural debris shall be removed or disposed of in accordance with local rules and regulations. Sanitary facilities acceptable to the City shall be provided for workers during the operation of the extractive use. I. Concurrent permits All required permits applying to the proposed extractive use which may include an NPDES permit for stormwater management, shall be obtained and copies submitted to the City prior to the commencement of any extractive use or related activities. 3. Specific evaluation criteria In addition to the criteria used in evaluating CUPs, the following specific criteria shall be used in evaluating an application for an extractive use CUP: A. The ability of proposed haul routes to handle the additional traffic generated by the extractive use. B. Air quality dust and noise control measures and the ability to limit impact upon adjacent residential properties according to MPCA standards. C. The extent that the proposed extractive use or its accessory uses, impact the groundwater. D. The ability of the applicant to control erosion and sedimentation that may result from the proposed use. E. The impact on the natural resources contained in the watershed in which the - proposed extractive use is located and the ability of the applicant to avoid or mitigate any impacts. 4. Rehabilitation. To guarantee the restoration, rehabilitation, and reclamation of mined- out areas, every applicant granted an extraction/mining permit as herein provided shall furnish a performance bond running to the City in an amount to be determined by the City Engineer, and acceptable to the Planning Commission, as a guarantee that such applicant, in restoring, reclaiming, and rehabilitating such land and haul road, shall, City of Pequot Lakes Staff Report 3-2 February 15,2007