79-006 ORD
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ORDINANCE NO. 't7<'!-~
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AN ORDINANCE PROVIDING FOR THE LICENSING OF THE REMOVAL, STORAGE, EXCAVATION, AlID
FILLING WITH ROCK, SAND, GRAVEL, CLAY, SILT OR OTHER LIKE MATERIAL AND THEREBY
M1ENDING THE MUNICIPAL CODE BY ADDING CHAPTER 23
The City Council of the City of Elk River does ordain as follows:
Section 1. The Municipal Code of the City of Elk River is hereby amended by adding
thereto the following chapter:
CHAPTER 23
MINERAL EXCAVATION
23.01 Definitions. The following words and terms as used in this chapter shall have
the following meanings unless the context clearly indicates otherwise:
(a) "Excavation" means the removal, filling with, or storage of rock, sand,
gravel, clay, silt or other like material.
(b) "Exc"l.vation License" means a license to remove, excavate, fill with,
or score rock, sand, gravel, clay, silt or other like material.
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(c) "Minerals" means the nonmetallic materials found in the earth including,
but not limited to, rock, sand, gravel, clay, silt and soil which may
be covered by overburden.
(d) "Overburden" means those materials which lie between the surface of the
earth and the materials to be excavated.
(e) "Processing" means the crushing, washing, compounding or treating of
rock, sand, gravel, clay, silt or other like material.
(f) "Rehabilitation" means to renew the land to a self-sustaining, long-term
use which is compatible with contiguous land uses in accordance with
the standards set forth in this chapter.
(g) "Topsoil" means that portion of the overburden which lies closest to
the surface of the earth and which supports the growth of vegetation.
23.02 License Require~. It shall be unlawful for any person, firm or corporation to
remove, store or excavate rock, sand, gravel, clay, silt or other like material within
the City of Elk River, or to fill or raise the existing surface grades, without being
licensed as further provided in this chapter.
23.03 Exceptions. An excavation license shall not be required for any of the following:
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(a) Excavation for the purpose of the foundation, cellar or basement of some
immediately pending superstructure to be erected, built or placed thereon
contemporaneously with or immediately following such excavation provided
that a building permit has first been issued.
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(b) Excavation by Stqte of Minnesota, Sherburne County or City of Elk River
authorities in: connection with the construction or maintenance of, roads
or highways or utilities, provided such activity is, conduc~.ed within said
road or highway right-of-way or utility easement.
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(c) Curb cuts, utility hook-ups or street openings for which another permit
is required from the City of Elk River. Where another permit is not
required or obtained, the excavation license provided for in this chapter
shall be required.
(d) Excavations less than one hundred (100) square feet in area or one (1)
foot in depth.
(e) Excavation or grading for agricultural purposes.
23.04 Excavation License Application. Application for the excavation license required
by this chapter shall be made in writing to the City Council in the form specified by
the City Clerk. The application shall contain the following information:
(a) The correct legal description of the land upon which excavation is
proposed.
(b) The name and address of the qpplicant and owner of the land.
(c) The names and addresses of all adjacent landowners within a one-half
mile radius-.
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(d) The purpose of the proposed excavation.
(e) The estimated time required to complete the proposed excavation and
rehabilitation.
(f) The names of the highways, streets or other public roadways within the
City upon and along which the material shall be transported.
(g) Specifications of the following using appropriate maps, photographs and
surveys:
(i) The physical relationship of the proposed excavation site to the
community and existing community development.
(ii) Site analysis information such as trees, depth of topsoil, adjacent
and on-site buildings and land uses, flood levels, watercourses,
and elevation and percent slope within one hundred (100) feet beyond
the perimeter of the site.
(iii)The estimated quantity of minerals to be excavated.
(iv) The depth of water tables throughout the proposed excavation site.
(v) The average thickness of overburden on the proposed excavation site.
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(h) The plan of operation, including processing, if any, ,the nature of the
processing and equipment,. location of the plant, source of water, disposal
o~ water, reuse of water, and the use of explosives.
(i) The plans for drainage, wind and water erosion control, sedimentation
and dust control, maintenance of security on the proposed excavation
site, control of access to open excavation and control of weeds and
unsightly vegetation.
(j) A comprehensive rehabilitation plan showing suitable prov1s1on for
rehabilitation of the excavated area to a usable condition compatible
with the adjacent land such that it will not become a health or safety
hazard or a nuisance. Such plan shall, as a minimum, include anticipated
final elevations, slopes and plan for the return of subsoil and topsoil.
Where the City Council deems it practical and necessary, such plan shall
also include adjoining related areas where excavations have previously
been made and which remain under the control of the applicant or the
owner of the land on which the excavation is proposed.
23.05 Issuance of Excavation License; Council Action.
(a) Upon referral of the application from the City Clerk, the City Council
shall evaluate the application in accordance with the standards and
requirements set forth in this chapter.
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(b) The City Council shall issue an excavation license only upon a finding
that the proposed excavation activities will not be dangerous or otherwise
detrimental to persons residing or working in the vicinity thereof, or
to the public health, safety, or welfare, and will not impair the use,
enjoyment, or value of any property.
(c) The City Council, in its discretion, may attach conditions to protect
the public health, safety and welfare, to avoid traffic congestion or
hazard, or to promote conformity of a proposed use with the character
of adjoining property and uses.
23.06 Standards. The following standards shall apply to all excavation operations
within the provisions of this chapter:
(a) Boundary. Excavation operations shall be conducted within the confines
of the. excavation site described in the application.
(b) Prohibited Areas. Excavation operations shall not be conducted within
the following:
(i) Five (5) feet of the right-of-way of an existing public utility.
(ii) Fifty (50) feet of the boundary of any zone where such excavation
operations are not permitted.
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(iii) Thirty (30) feet of the boundary of an adjoining property which
is not being used for excavation operations.
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(c) Fencing. DuriIlg excavation operations, Ciccess to any area where
collections of water are one and one':"half (1-1/2) feet'in depth' or more
or where excavation slopes are steeper than one (1) foot vertical to
one and on-half (1-1/2) feet horizontal and' any other areas where obvious
danger to the public exists shall be controlled by a four (4) foot tall
fen~e, with support posts spaced every ten (10) feet.
(d) Appearance and Screening.
(i) All machinery shall be kept operational.
(ii) Abandoned machinery and rubbish shall be periodically removed from
the excavation site.
(iii) Within three (3) months after the termination of excavation
operations or within three (3) months after the expiration of the
excavation license provided by this chapter, the applicant or owner
shall dismantle or remove buildings and structures incident to
excavation operations and shall grade the excavation site as well
as complete all rehabilitation on the site as provided by the
rehabilitation plan.
(iv) When required, the perimeter of the excavation site shall be planted
or otherwise screened.
(v) Existing tree and ground cover shall be preserved to the maximum
extent feasible, maintained and supplemented by selective cutting,
transplanting and replanting of trees, shrubs and other ground cover
along all setback area.
(e) Excavation Operating Standards.
(i) Noise. The maximum noise level at the perimeter of the excavation
site shall comply with the limits or standards established by the
Minnesota Pollution Control Agency and the United States
Environmental Protection Agency.
(ii) Hours. All excavation operations shall be conducted between 7 a.m.
and 7 p.m. Monday through Saturday only. The City Council may
restrict excavation, processing or related operations on legal
holidays if such activities cause noise or other disturbances
offensive to adjacent property owners.
(iii) Explosives. The use and handling of explosives at the excavation
site shall be coordinated with the Police Department. Blasting
shall occur only at hours specified in the excavation license.
(iv) Fugitive Dust. Excavation operators shall use all practical means
to reduce the amount of fugitive dust generated by excavation
operations. In any event, the amount of dust or other particulate
matter generated by the excavation operation shall not exceed air
pollution standards established by the Minnesota Pollution Control
Agen~y .
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(v) ,Water Pollution. . Excavation operators Shall comply with all.
applicabl~ Minnesota Pollution Control Agency and Department of
Natural Resources regulations and all applicable United States
Environmental Protection Agency regulations. for the protection of
water quality. No waste products or processed residue including
untreated washwater shall be deposited in any public waters of the
State of Minnesota.
(vi) Topsoil Preservation. All topsoil shall be retained at the
excavation site until completion of rehabilitation work in accordance
with the rehabilitation plan.
(vii)Slopes During Excavation Operations. During the entire period of
operations, all excavations other than the working face, shall be
sloped on all sides at a maximum ratio of one foot horizontal to
one foot vertical, unless a steeper slope is approved by the City.
Where excavations are adjacent to a public roadway or other right-
of-way, the excavation shall have a maximum slope of four feet
horizontal to one foot vertical. Slopes adjacent to water bodies
shall not exceed six feet horizontal to one foot vertical.
(viii) Council Waiver. The City Council, at the time of issuance of
the excavation license, may waive or modify any of the foregoing
provisions in this Section 23.06, or impose additional requirements,
if it finds that the plan of operation or other materials submitted
with the application or other factors make appropriate more suitable
measures for standards consistent with the public health, safety
and welfare.
(f)
Rehabilitation Standards.
(i) Rehabilitation shall be a continuing process occurring as quickly
as possible after the excavation operation has moved into another
part of the excavation site.
(ii) Slopes. All banks and slopes shall be rehabilitated in accordance
with the rehabilitation plan submitted with the excavation license
application. No rehabilitated slope shall be steeper than four
(4) feet horizontal to one (1) foot vertical, except that steeper
slopes may be permitted in accordance with the rehabilitation plan
when said slopes are planned for slope-related uses including, but
not limited to, ski hills and sliding hills.
(iii) Cover and Planting. Slopes, graded and back filled areas shall
be surfaced with at least three (3) inches of topsoil and planted
with ground cover sufficient to retain the soi~. Such ground cover
shall be tended as necessary until it is self-sustaining.
(iv) Slopes to Water Bodies. No slope descending to a water body shall
exceed one (1) foot vertical to six (6) feet horizontal.
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.(v)
Water Bodies. Al1.wat.er. areas resulting from excavation shall be
rehabilitated as follows: . all standing water bodies snail either
befi1led with acceptable fill material at the end of each excavation.
construction season or preserved in the discretion of the City,
consistent with the public health, safety, and welfare.
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Section 23.07 Special Requirements. The City Council, as a prerequisite to the issuance
of an excavation license, or after an excavation license has been granted, may require
the applicant or owner of the licensed premises to:
(a) Reimburse the City for the cost of periodic inspections by the City
Engineer, City Building Inspector or other City employees for the purpose
of determining that the provisions of the excavation license and this
chapter are being followed.
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(b) Submit to the City Council a detailed map of the highways, streets, roads
or other public ways within the City upon and along which the material
removed shall be transported (haul roads). The City shall inspect the
haul roads proposed to be used by the applicant or owner and shall
recommend to the City Council necessary upgrading or repairing of the
haul roads prior to their use by the applicant or owner. The City Council
shall designate the haul roads and shall incorporate the recommendations
of the City into the excavation license issued to the applicant. It
shall be the responsibility of the applicant or owner to maintain the
haul roads in accordance with the provisions set forth in the excavation
license. The City shall periodically inspect the haul roads to insure
compliance with the excavation license. During the period of or upon
completion of the excavation operations, the applicant or owner shall
make any necessary repairs to the haul roads as recommended by the City.
All costs of inspection provided for in this paragraph shall be borne
by the applicant or owner. The use of the haul roads shall be further
subject to any road and weight restrictions imposed by the City.
(c) Submit annually in writing to the City Council the estimated quantity
of minerals to be excavated. If the quantity of minerals to be excavated
is for any reason likely to exceed the original estimate herein required,
the applicant or owner shall notify the City Council of the change in
estimated quantity.
(d) Comply with such other requirements as the City Council shall from time
to time deem proper and necessary for the protection of its citizens
and the general welfare.
23.08 Inspections. At least once a year, or more often if deemed necessary, the City
shall inspect all excavation sites where an excavation license has been issued pursuant
to this chapter and report such findings to the City Council. The operator or owner
of any excavation operation found in violation of the requirements of this chapter or
its excavation license shall remedy such violations within the time specified by written
notice from the City.
23.09 Duration of Excavation License. The excavation license shall run from January
1 through December 31 of the following year or for a lesser period of time as the City
. Council may specify at the time of issuance of the excavation license. If the excavation
license is to run for less than a full year, the excavation license fee shall be prorated
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as determined by the City Council.
.23.10 Excavation License Fee.
The annual fee shall be $750.00 per mineral extraction license.
23.11 Surety Bond. The City Council shall require the applicant or owner of the
premises on which the excavation operation is located to post a surety bond with a surety
acceptable to the City or cash escrow in the sum of Ten Thousand Dollars ($10,000),
or such other sum as the Council in its discretion deems necessary to protect the public
health, safety, or welfare, running to the City, conditioned to pay the City the
extraordinary cost and expense of repairing, from time to time, any highways, streets
or other public ways where such repair work is made necessary by the special burden
resulting from hauling and travel, and removing material from any pit or excavation,
and conducting required rehabilitation and conditioned further to comply with all the
requirements of this chapter, the particular excavation license, and to pay any expense
. the City may incur by reason of doing anything required to be done by any applicant
to whom an excavation license is issued. Said bond shall remain in full force and effect
for a minimum period of one year after expiration of the excavation license to guarantee
the required rehabilitation as well as the other requirements herein provided.
23.12 Suspension or Revocation. The City Council may suspend or revoke any excavation
license for violation of any provision of this chapter, the excavation license, or any
other l~w, ordinance or regulation pertaining to the operation or conduct of the licensed
activities. Prior to such action, any person, firm or corporation to whom the excavation
license has been issued shall be provided with written notice setting forth the nature
of the charges and the date of the hearing before the City Council which hearing shall
be no less than ten (10) nor more than twenty (20) days after the date of service of
such notice upon the licensed person, firm or corporation by registered or certified
mail or personal service. A representative of the licensed person, firm or corporation
shall have the right to appear at the hearing with counsel and to present such evidence
as the the City Council deems appropriate. The City staff shall have the power and
discretion to suspend the excavation license pending the hearing.
Section 2. This ordinance shall be in full force and effect from and after the
date of its publication.
of
Passed and adopted by the City Council of the City of Elk River this
June 1979.
18th day
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Attest.~
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'4/r ~f'~. ;.7CitY Clerk
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PUBLIC NOTICE
AFFIDAVIT OF PUBLICATION
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ftate of Minnesota }
SSe
ounty of Sherburne
I Charles F. Dare, being duly sworn on oath says he is and during all the times
Iherein stated has been the publisher and printer of the newspaper known as
iSherburne County Star News and has full knowledge of the facts herein stated as
'follows: (1) Said newspaper is printed in the English language in newspaper
!format and in column and sheet form equivalent in printed space to at least 900
[square inches. (2) Said newspaper is a weekly and is distributed at least once
(each week. (3) Said newspaper has 50% of its news columns devoted to news of
jlocal interest to the community which it purports to serve and does not wholly
IduPlicate any other publication and is not made up entirely of patents, plate
matter and advertisements. (4) Said newspaper is circulated in and near the
I municipality which it purports to serve. has at least 500 copies regularly
jdelivered to paying subscribers, has an average of at least 75% of its total
[circulation currently paid or no more than three months in arrears and has entry
i as second-class matter in its local post,office. (5) Said newspaper purports to
! serve the City of Elk River in the County of Sherburne and it has its known office
iof issue in the City of Elk River in said county. established and open during its
i regular business hours for the gathering of news, sale of advertisements and sale
! of subscriptions and maintained by the publisher of said newspaper or persons in
I his employ and subject to his direction and control during all such regular
: business hours and devoted exclusively during such regular business hours to the
business of the newspaper and business related thereto. (6) Said newspaper files
a copy of each issue Immediately with the State Historical Society. (7) Said
newspaper is made available at single or subscription prices to any person,
corporation, partnership or other unincorporated association requesting the
newspaper and making the applicable payment. (8) Said newspaper has complied
with all the foregoing conditions for at least one year preceding the day or dates
of publication mentioned below. (9) Said newspaper has filed with the Secretary
of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an
affidavit in the form prescribed by the Secretary of State and signed by the
publisher of said newspaper and sworn to before a notary public stating that the
newspaper is a legal newspaper.
He further states on oath that the printed
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hereto attached as part hereof was cut from the columns of sllld newspaper,
and was printed and published therein in the English language, once each week
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for
successive weeks; that it was first so published on Thursday,
the
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19n and was thereafter
day of
printed and published every Thursday to anll including the
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day, of 19 and that the following is a
printed copy of the lower case alphabet from A to Z. both inclusive. and Is hereby
acknowledged as being the size and kind of type used in the composition and
publication of said notice, to wit:
abcdefgh i jkl mnorqrstuvwxyz
(O/!{CUP~P"bl"h"
o day of
Subscribed and sworn to before me this
Sf;y-
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19
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Notary Publi nesota
-=~~i.'O;;;; MARL VCE MARQUART
.......'i(!l"iHQTARY PUBLIC. MINNESOT49
\. SHERBURNE COUNTY
"~...,.' My Commission Expires Mar. 51, 1982
(bY Th.;'Clty Council shall Issue. an,
exc.vation license only upOn a find-
ingthat.the proposed'excavation
actlvttl8$WIll not be dangerolls or
othe~ise detrimental . to.. person~
residing or worklng,lnthevjclnlty
thereof, or to the, public health,
safety,or welfare; and will not
impairthei use, enjoyment, or,vililue
of any "property; , (c) , The City
COullclI,ln" it~dlscretlon, may attach
conditions to, protect thepuj)lIc
health/safety' and w!!lfare', to aI/old
traffic', congestion, or ,.hazard) or to
promote conformity Qf'a,proposed
use with the character of. adjoining
ro rty and uses. ';'
soli. Such ground cover shall be
, tended as necessary until It Is self-
sustaining; (Iv) Slopes to Water
B9dies. No slope descending to a
water body shall exce!!d one (1) foot
vertical to six (6) feet horizontal;
(v) ,Wat!!r Bodies. All water, areas
resulting from excavation shall be
rehabilitated asfolloVl!s: all standing
water bodies shall either be-filled
with acceptable fill material at the
end of each excavation construction
season or preserved In the discretion
or TOe l;ITY, consistent with the public
,health, safety, and welfare. '
Section 23.07 Special Require-
ments. The City Council, as a pre-
requisite to the Issuance of an
excavation license, or after an exca-
vation .license has been granted,
may require the applicant or owner
of the licensed premises to: (a) Re-
imburse the City for the cost of
periodic inspections by the City
Engineer, City Building Inspector or
other City employees for the purpose,
of determining that the provisions of
the excavation license and this
cl1apter are being followed; (b)
Submittothe City Council a detalledr
map of the highways, streets, roads[
or other public ways within the City
. upon and along which the material
#";'''~emoved shall be'.transpQ,rted (haul
rClads). The' City shall Inspect the
haul roads proposed to be used by
the applicant or, owner iah~shalll
;recQlTlmend, .to the '. City '(:QlIncll
fleCessclry upg(adihgOr 'repali"t'ng of
th!! haul roa~s priortoth!!rr use by
the.jlPPllqmt, or oWl1er.Jh~'~ity
Counlill .shall, designatl!. tl1~,t:laul
roads"l'ndshall ,lncorP.Orate"1he
recommendations, of the 'City Into
the excavation IIcen~ IS$uedto the
applicant. I,t shall be'the responsibil-
ity 'of the applicant or owner to
malntain'tl1e haul roads In, accor-
dance with the provlsion~t forth in
the, excavation IICllhs!!. The City
snail periodicallylhspect the haul
rO'ad$ to Insure compliance with the
ex<;avllltion license. During the per-
iod ofClr. upon completion of the
excavation operations, the applicant
Qr,olNner shallmake anY necessary
repairs to the haul roads as :recom-
mended by the (:lty.AIl'CO'sts of
, Inspection p,rovidedfor In this para'
graPh soallbe born!! by the appli,
cantor owner. The use of file haul
'rOadS shali befui'fher sublett to any
.)tOAld and weight' restrictions im-
PGSlld, .~bY'ithe, City;. (c) Submit
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ctljlP er~llall " ,I
'VlltIQl'lsill!$Sf, ,oneJt\ln
,Squar!!f~tJnarea or.~ne. enf
~epttli(e)El<C;lIIvatlonpr gr
fpr agriCUltural purposes., .'. i'i .
23.04 Excav.tlonUcense'Ap le'-
tlon.p.ppllj:atlonfor theexcl!v ,tlon
1IC;!!nse rl!",ulrl!~j)V fl'1lsct;l., pttlr
sl'1aU.bemade irrwrlting,toth 'City
9p\!nc:1iIn the,fqrm ~pecifled j)the
cityCI!i!rl<.. Thtlapplfcatlon hall
contain the fC)lIowlng.nform Ion:
(a) The correct legal descript n of
the land IIpoflwl'1lch !i!xcavati n Is I
prC)posed; (b) Tt'!i!' name, an ad'r
dress of the applicant and ow rof I"
.the land;, (c) The nlilmes an ad-
dresses of all adjacent landa ers
within, a one-half mile r ius!
(d) The purpoSe of the propos . ex..
cavation; (e) The estimated tl ere-
qulre<l tq .complete the pro sed
excavation ,,' and 'rehablllt ion;
(f) The' names of the' high ays,
streets or other public roa ays
wltl'1in the, City upon and along hlch
the material shall be trans ed;
(g) Specifications of, the foil Ing
using appropriate maps, oto-
gr>'~"'s and surveys: (I) The phy-
s' 'elationship of the pro sed
!!~ ,mon site to the com unity
aria existing <:ommunltyde elop-
ment; (ii) Site an.lysis Infor at Ion
S\lch 'a~ trees, depth of topsol, ad-
jac;entl!ndon-slte bull~ings an land
Uli!!li,flOOd I!!vels; watercour , and
elevation. and percent slope Ithln
on!! hundred (100) feet' bevO the
perm iter of, the site; (Iii), The
!!stimlllted quantity of minerai to be
excavat!!d; (Iv) The depth of ater
tables. tI1rqughout the propo ex-
cavatlon,sit!!; (v).. The a rage
thickness 'of overburden on t pro-.
posed excavation site; (h) Th plan
of operation, including proces ng, if
any, the nature pf the processi g and
equipment, location of, the lant,
source of water, disposal of ater,
reuse of water, and use of xplo-
slves;' (I) The plans' for dra nage,
Wind and water erosion c trol,
sedimentation and dust c trol,
maintenance of security on t pro-
posed excavation site, cont 01 of
access to open excavation an con-
trol of weeds and unSightly get.-
tion; W A comprehensive re ablli-
tatlon plan showing suitable rovl-
slon for rehabilitation of t ex-
cavated area to a usable co Itlon
compatible with the adjacen land
such that It will not become a ealth
or safety hazard or a nuisanc Such
plan shall, as a minimum, I elude
anticipated final elevations,lopes
and plan for the return of sub land
topsoil. Where the City uncil
deems it practical and nec sary,
such plan shall also Include I~in:
ingrelated areas where exca tlons
haveprevio\lsly l?~n,lTIjl9 ' anQ
wI. :; i n!l'naln'urjder'the"con ' 01 of
the ap~lici!ntpr,m,qWner the
land o~ ' . ,Iil,jlYil ,. n .Is
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23.0 ,'Vllt ,,"'1-
cen,_;, ,,', tl9!':(liI) Upon
refer".l '0 th!i! lIppll1latlol'l f ,the
C1tY~~J.lIr~" ItIl',C1ty J:ounc:I, shall
evalinlf!ll'th&'appliC'lith!tl!n-ccor-
dance':W,lth the-standards"., d,':fe.
auirements;set fortl1ln this c.-.pter;
e
Icpmpl
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ration, ,J-
itel P~. L. ,.IQperatiC)n~,
io' C)th!!r.ttlawqrlc'
~!!~IOPf!~ . IdeS
tilt' "rllltlq, "ftlQt
....hqfl:!:qntal.tq,Pne, fqptvert" ,', '. . ,U~leSlj
'ast~!'lPer'sIClPf! 1~,approvedbYt~e
City.'Wh!!re lIxcavatlClnS arejldlac;-
ent/to ap\jbllcrOacfway,or'Qther
" rilJlltTOf:way; the,!!XcaVjltlon sl'1jlll'
" hlllvelllmal<lmum ljlQpe of four feet
horizontal 'to one, foot vertical.
Slppesa~la(:entto water bodies'shall
not exc!!ed siX,feet hqrlzontal to one
fqpt vertical; (viii) Council W,iver.
TheC;ity Council,at the timeofis~u:
ance Of tl'1e eXcallatlonllcense, may
WaiVtlormqdify any of th!! foregoll1g
provisions in this SeCtion 23.06, or
in'lposeadditional r!!quirements,if it
fln~s ,that the pian of operation or
other materials S\lbmltted,wlth the
application or other factors make
appropriate more suitable measures
for standards, qlnsistent with the
pUblic health, safety and welfare;
(f) Rehabilitation Standards; (I)'
Rehabilitation shall be a continuing
procelis occurring as quickly as pos-
sible after the excavation operation
has moved into another part of the
excavation site; (II) Slopes., All
DanKS ana slopes snail De renabll-
itated in accordance with the re-
habilitation plan submitted with the
excavation license application. No
rehabilitated slope shall be steeper
than four (4) feet horizontal to one
(1) fqpt vertical, except that steeper
slopes may be permitted, In accor-
dance with the rehabilitation plan
when 'said slopes are planned for
Slope-related uses Including, but not
limited to, ski hills and sliding hills;
(ill) Cover and Planting. Slop!!s,
graded and back filled areas shall be,
surfaced with at least. three (3)
Inches of topSOil and planted with
araund cover sufficient to retain the
!'Sectlon'2.This ordinance shall be
~ - In ful(,forc!I,andtlffect from and
i after tile date of Its 'p\lblication: '
" PjlSsed and adopted' by 'the City
Oouncil 9f the City of Elk River this
Hlth day pf June, 1979. ,
.i Attest: ' ,Franklin Madsen, Mayor
; Robert C: Middaugh,
City Adminlstrat,or
(JyS)