Goodhue County: Mining Study Committee Report and plan amendments

7/28/2019 Goodhue County: Mining Study Committee Report and plan amendments

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Goodhue County Land Use Management Goodhue County Government Center 509 West Fifth Street Red Wing Minnesota 55066

Building Planning Zoning Telephone: 651/385-3104 Fax: 651/385-3106

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An Equal Opportunity Employer

June 11, 2013

To: Honorable Board of County Commissioners

From: Land Use Management

RE: 1. Public Hearing to consider an amendment to replace Goodhue County ComprehensivePlan, Element 1, Goal 7 (Preservation of Aggregate Resources) with a new version ofElement 1, Goal 7 (Management of Non-Metallic Mineral Resources). This amendmentto the Comprehensive Plan is intended to establish a Comprehensive Plan Goal andassociated Policy Statements that address land use planning and management of allnon-metallic mineral resources that may be found in Goodhue County including silica

sand.2. Public Hearing to consider various amendments to the text of the Goodhue County

Zoning Ordinance - Article 14 (Mineral Extraction). The proposed amendments toArticle 14 reflect further refinement of Non-Metallica Mineral Extraction Facilityapplication requirements, operating standards and land reclamations requirements.

Attachments:

Mining Study Committee Report. Copy of Proposed Comprehensive Plan Amendment Element 1, Goal 7 (Management of

Non-Metallic Mineral Resources). Copy of Proposed Amendments to Article 14 (Mineral Extraction)In addition to the above referenced attachments, other background information was distributedto the Mining Study Committee at their meetings. Some of the additional relateddocumentation is available for review on the Goodhue County Website:http://www.co.goodhue.mn.us/countygovernment/committees/MiningCommittee/Miningcomm.aspx

Summary:

At the August 16, 2012 County Board meeting the Goodhue County Board of Commissionersapproved a one year extension of the citizen request to put a moratorium on the issuance of anyConditional Use Permit for a new silica/frac sand mining operation (Mineral Extraction Facility)

within rural Goodhue County.

The County Board accepted and approved the Planning Advisory Committees (PAC) findingsand recommendation, which included the MSCs report and recommendations. In addition toextension, the County Board listed eighteen other items for the MSC to review:

1. Relationship between economic and recreational value2. Explore statewide study with the legislature3. Existing mines not grandfathered4. Pros/Cons of banning silica sand mining5. Hours of operation6. Setbacks to dwellings and sensitive features


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7. Quantity limits on mining8. High, medium and low impact mining classification9. Meeting with Township Officials10.How to evaluate silica sand differently, based on intensity and size, and create a

definition and specific rules for it11. Disenfranchisement of the landowners who currently own this resource12.Land reclamation13.Defining best practices14.Emergency fund15.Comprehensive Plan and silica sand16.More definition for the reclamation funds (how to estimate, provide a three year

projected amount)17.Explore production tax or other revenue-capture financial options18.Evaluate if there are areas that would be inappropriate for mining

In response to this direction from the County Board a second phase of the planning study toaddress the above referenced issues was initiated by the Mining Study Committee with theassistance of County Staff.

Extensive additional research, presentation of information, MSC Dialogue, input from TownshipOfficials, and comments/ideas from the general public have resulted in a proposed amendmentto the Goodhue Comprehensive Plan (Element 1, Goal 7) and various amendments to theGoodhue County Zoning Ordinance (Article 14).

Included with this report is a copy of the Mining Study Committee Report for Phase II of theSilica Sand Moratorium. This report consolidates the discussions, research, and suggestedComprehensive Plan and Zoning Ordinance Amendments which represent consensus views ofthe MSC.

Findings of Fact:

1. At the August 16, 2012 County Board meeting the Goodhue County Board of Commissionersapproved a one year extension of the citizen request to put a moratorium on the issuance ofany Conditional Use Permit for a new silica/frac sand mining operation (Mineral ExtractionFacility) within rural Goodhue County.

2. The Goodhue County Mining Study Committee (MSC) held eight (8) meetings betweenSeptember 2012 and May 2013. The purpose of the MSC Meetings was to address theeighteen (18) items identified by Goodhue County Board when they approved the extensionof the moratorium on the issuance of any Conditional Use Permit for a new silica/frac sandmining operation (Mineral Extraction Facility) within rural Goodhue County on August 16,2012.

3. Land Use Management Staff and MSC Members attended meetings with all Goodhue CountyTownships between February 2013 and May 2013 to brief Township Officials and interested

Township residents regarding the work being conducted by the MSC to resolve the SilicaSand Mining Moratorium. LUM Staff and MSC Members received comments and questionsfrom Township Officials and residents regarding non-metallic mineral extraction relatedissues and concerns.

4. A meeting/open house was held on April 25, 2013, at the Zumbrota City Hall to provide anupdate to Township Officials and the public to on the on-going work of the MSC. Followinga presentation to provide an overview of the how the eighteen mining related issuesidentified by the County Board are being addressed through proposed amendments to the


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Countys Comprehensive Plan and Zoning Ordinance, comments and questions werereceived from those in attendance. County Officials present included numerous MSCMembers, PAC Member and County Commissioners.

5. The MSC chose to consolidate the eighteen items to be considered to the following list ofthirteen (13) discussion items:

Relationship between Economic and Recreational Value Coordinating with State Agencies and Legislature Existing Registered Mines Pros/Cons of Banning Silica Sand Mining Hours of Operation Location Restrictions Limit Silica Sand Operation Sizes Meeting With Township Officials Disenfranchisement of Landowners with the Silica Sand Resource Defining Best Practices Reclamation Emergency Funds Comprehensive Plan and Silica SandThe Goodhue County Mining Study Committee Summary Report May 2013, summarizesthese key issues and references proposed amendments to the Goodhue CountyComprehensive Plan and Goodhue County Zoning Ordinance.

6. The proposed amendment to Element 1, Goal 7 (Preservation of Aggregate Deposits) to bereplaced by a new version of Element 1, Goal (Management of Non-Metallic MineralResources) recognizes that various non-metallic mineral resources of commercial value arepresent in Goodhue County and that County policies related to management of theseresources are needed to support official controls including land use regulations andinfrastructure investment programs and projects to protect the public health safety and

welfare. The proposed Comprehensive Plan Amendment notes that such policies should

strive to minimize land use conflicts and degradation of the Countys scenic, recreational andnatural resources while allowing limited opportunities for development of mineral extractionfacilities.

7. Various proposed amendments to the Goodhue County Zoning Ordinance Article 14(Mineral Extraction) reflect adjustments to the Countys Mining Regulations beyond thoseapproved by the County Board on August 16, 2012 that were determined to be necessary bythe MSC to protect the publics health, safety and welfare.

8. Proposed amendments to Article 14 represent a further refinement of County Regulation ofNon-Metallic Mineral Extraction and related activities. The most significant area of changeinvolves substantive revisions to strengthen and clarify land reclamation requirements.

9. The Planning Advisory Commission (PAC) held a public hearing May 20, 2013 to review theMining Study Committees report and recommendations for Article 14 and theComprehensive Plan. They also took public comment concerning the proposed changes.


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Planning Advisory Commission Recommendation:

MotionbyVolz secondedbyOverby to recommend to theCountyBoardAPPROVALof the

proposedamendmenttoreplacetheGoodhueCountyComprehensivePlan,Element1,Goal

7,PreservationofAggregateResourceswithanewversionofElement1,Goal7,Management

ofNonMetallicMineralResourcesasattachedwiththefindingsoffactincludedinthisreport.

Motioncarried

70.

MotionbyOverbysecondedbyFueling toaccept theMSC report includingallsupplemental

documentationandFindingsofFact,witharecommendationtotheCountyBoardAPPROVAL

of the various amendments to the Goodhue County Zoning Ordinance Article 14, Mineral

Extraction(attached)withthefollowingrecommendations:

1. Article 14, Section 5, Subd. 2 T. A map location of schools, churches, nursing homes,campgrounds,andplattedresidentialareaswithinonemileoftheproperty.

2. Article 14, Section 5, Subd. 4E 17, Require conditions that would mitigate silica sandambientairparticlesfromleavingtheminingproperty.

Motioncarried

70.

MotionbyFuelingsecondedbyOlson todelete theparagraphonpage fiveof theGoodhue

CountyMiningStudyCommitteeSummaryReportfromMay2013thatreads:

Ononeside,thetourismindustryinGoodhueCountyhasbeenshowntohave

significant importancetotheeconomichealthofthecommunity.Oneexample

istheCannonValleyTrailwhichbrings inapproximately$100,000peryearjust

inwheelpassesalone.On theother side, the reportTheEconomic ImpactofFracSandMininglookedatpotentialjobsandearningsfromtheminingindustryin Wood Lake, Wisconsin which indicated millions of dollars in new

infrastructure,jobs,andotherrevenues.

Motioncarried70.

Alternatives for County Board Action:

Proposed Amendments to both the Goodhue County Comprehensive Plan and the GoodhueCounty Zoning Ordinance have been forwarded to the County Board by the PAC forconsideration. Following the public hearing (held to accept public comments on both items) theCounty Board should plan on taking separate actions on the proposed Comprehensive Plan

Amendment and the Various Amendments to Article 14 of the Zoning Ordinance.

Alternatives for action regarding the amendment to replace Goodhue County

Comprehensive Plan, Element 1, and Goal 7 (Preservation of Aggregate Resources)with a new version of Element 1, Goal 7 (Management of Non-Metallic MineralResources) include the following:

Alternative A: Accept the PAC recommendations including all supplemental documentationand Findings of Fact, and approve the proposed amendment to replace Goodhue CountyComprehensive Plan, Element 1, Goal 7, Preservation of Aggregate Resources with a new versionof Element 1, Goal 7, Management of Non-Metallic Mineral Resources (see attachment).


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Alternative B: Accept the PAC recommendations including all supplemental documentationand Findings of Fact, and approve a modified version of the proposed amendment to replaceGoodhue County Comprehensive Plan, Element 1, Goal 7, Preservation of Aggregate Resources

with a new version of Element 1, Goal 7, Management of Non-Metallic Mineral Resources (seeattachment) with the following modifications:

1.Modifications of the proposed Comprehensive Plan Amendment language suggested by thePAC may be offered by the County Board.

Alternative C: Accept all of the PAC supplemental documentation and Findings of Fact, andtable the proposed amendment to replace Goodhue County Comprehensive Plan, Element 1,Goal 7, Preservation of Aggregate Resources with a new version of Element 1, Goal 7,Management of Non-Metallic Mineral Resources (see attachment) for the following reasons:

1.If this alternative for action is selected, the County Board will need to set direction regardingwhether this item would be taken up at a scheduled Special Meeting, or at its next regular

Board meeting.

Alternative D: Accept all of the PAC supplemental documentation and Findings of Fact, andmotion to deny the proposed amendment to replace Goodhue County Comprehensive Plan,Element 1, Goal 7, Preservation of Aggregate Resources with a new version of Element 1, Goal 7,Management of Non-Metallic Mineral Resources (see attachment) for the following reasons:

1.Any recommendation for denial should include Findings of Fact as established by the CountyBoard.

Alternatives for action regarding the various proposed amendments to theGoodhue County Zoning Ordinance, Article 14 (see attachment) include thefollowing:

Alternative A: Accept the PAC recommendations including all documentation and Findingsof Fact, and approve the proposed amendments to the Goodhue County Zoning Ordinance,

Article 14, Mineral Extraction (see attachment).

Alternative B: Accept the PAC recommendations including all documentation and Findingsof Fact, and to approve the proposed amendments to the Goodhue County Zoning Ordinance,

Article 14, Mineral Extraction (see attachment) with the following modifications:

1.Modifications of the proposed amendments to Article 14 language suggested by the PAC maybe offered by the County Board.

Alternative C: Accept all of the PAC supplemental documentation and Findings of Fact, andtable consideration of the proposed amendments to the Goodhue County Zoning Ordinance,

Article 14, Mineral Extraction (see attachment) for the following reasons:

1.If this alternative for action is selected, the County Board will need to set direction regardingwhether this item would be taken up at a scheduled Special Meeting, or at its next regular

Board meeting.


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Alternative D: Accept all of the PAC supplemental documentation and Findings of Fact, andmotion to deny the proposed amendments to the Goodhue County Zoning Ordinance, Article 14,Mineral Extraction (see attachment) the following reasons:

1.Any recommendation for denial should include Findings of Fact as established by the CountyBoard.

Interim Ordinance (Moratorium) Expiration:

Minnesota Statutes 394.34 allows a County to authorize a land-use planning study to adopt anInterim Ordinance for a period of twelve (12) months from the date it is effective (and anadditional 12 months extension), to allow for such study and adoption of a comprehensive plan,zoning, and/or other official land-use controls.

At the August 12, 2012 County Board meeting, the Board extended the moratorium with 18 moreitems of study, however, the Board reserved the right to end the moratorium in less than twelve

months upon completion of the land-use planning study and satisfactory resolution of the issuesof concerns as determined by the County Board.

Recent legislation allows a local unit of government to extend for one year an interim ordinanceor renew an expired ordinance prohibiting new or expanding silica sand projects, as defined inMinnesota Statutes, section 116C.99, and extend the ordinance an additional year by resolutionof the local unit of government. The effective date on this legislation is retroactive from March1, 2013.

The Mining Study Committee has submitted their final study report with recommendations forchanges to Goodhue Countys Zoning Ordinance, Article 14, Mineral Extraction, and to GoodhueCountys Comprehensive Plan regarding Management of Non-Metallic Mineral Resources. ThePAC has held a public hearing and recommended approval with some modifications to those twodocuments.

The County Board may choose to let the moratorium expire automatically on September 6, 2013,end the moratorium before the automatic expiration, or schedule another public hearing date totake action to extend the moratorium with specific items to study.


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14-1 Board DRAFT June 2013

ARTICLE 14 MINERAL EXTRACTION

SECTION 1. PURPOSE

The purpose of this section is to protect the public health, safety and welfare through the following:

Subd. 1. Identify areas in County where mineral extraction is most appropriate and minimizes conflictswith other land uses.

Subd. 2. Establish permitting requirements, environmental review procedures and performance standards toregulate mineral extraction.

Subd. 3. Establish standards that prevent or minimize environmental and aesthetic impacts on extractedproperties, adjacent properties and the County as a whole.

Subd. 4. Establish standards and financial guarantees that restore extracted land to a condition compatiblewith adjacent properties and suitable for future uses that are compatible with the Goodhue CountyComprehensive Plan.

SECTION 2. DEFINITIONS

Subd. 1. ACCESSORY USES: Accessory uses of a mineral extraction facility include the manufacture,storage and sale of products made from minerals on the premises and storage and sale ofminerals, recycledasphalt, recycled concrete and topsoil not extracted on the premises. Inaddition, the storage and manufacture of explosives may be permitted as an accessory use of amineral extraction facility-subject to approval of a conditional use permit.

Subd. 2. BOARD: The County Board of Commissioners of Goodhue County.

Subd. 3. COMMISSION: The Planning Advisory Commission of Goodhue County.

Subd. 42. COMPREHENSIVE PLAN: The Goodhue County Comprehensive Plan.

Subd. 53. COUNTY: The County of Goodhue, Minnesota.

Subd. 64. DEWATERING:The pumping, extraction or removal of surface and subsurface water

Subd. 75.DUST:

Airborne mineral particulate matter.Subd. 86. EXCAVATION: The removal of soil and minerals from the ground.

Subd. 97. MINERAL RESOURCE: Sand, gravel, rock, clay, topsoil, and similar higher density non-metallicnatural minerals.

Subd. 108. MINERAL EXTRACTION: The removal of sand, gravel, rock, clay, topsoil, and other mineralsfrom the ground and off the site.

Subd. 119. MINERAL EXTRACTION FACILITY: Any area that is being used for removal, stockpiling,processing, transferring, or storage of minerals.

Subd. 1210. MINERAL EXTRACTION PERMIT: The permit required for mineral extraction facilities.

Subd. 1311. MINING TECHNICAL EVALUATION PANEL. A panel of two or more professional experts in thefields of mining, engineering, geology, hydrology, ecology, and landscape architecture that areretained for the purpose of reviewing and evaluating mining proposals, requesting pertinentinformation necessary for the application review, and reporting findings to staff, the PlanningAdvisory Commission, and the County Board. The panels fees and expenses shall be paid for bythe applicant.

Subd. 1412. OPERATOR: Any person or persons, partnerships, or corporations or assignees, including publicor governmental agencies, engaging in mineral extraction.

Subd. 1513. PRINCIPAL USE: The principal use of mineral extraction facility is the extraction, processing,storage and sale of minerals from the facility.


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Subd. 1614. PROCESSING: Any activity which may include the crushing, screening, washing, stockpiling,compounding, mixing, concentrating, or treatmentof sand, gravels, rocks, or similar mineralproducts into consumable products such as construction grade sand, gravel, concrete, asphalt,proppant, glass, or other similar products.

Subd. 1715. RECLAMATION: To renew land to self-sustaining long-term use which is compatible withcontiguous land uses, present and future, in accordance with the standards set forth in thisordinance.

Subd. 1816. SILICA SAND: Round formed sand having a high percentage of silicon dioxide (quartz) foundprimarily in high concentration in the Jordan and St. Peter Geologic Formations.

Subd. 1917. SOIL: A natural three-dimensional body of the earths surface.

Subd. 2018.SUBJECT PROPERTY:The land on which mineral extraction is permitted.

Subd. 2119. TOPSOIL: The upper portion of soils present that is the most favorable material for plant growth.

Subd. 2220.ZONING ORDINANCE: The Goodhue County Zoning Ordinance.

SECTION 3. EXCEPTIONS FROM PERMIT REQUIREMENTS

A mineral extraction permit shall not be required for the following:

Subd. 1. Excavation for structure if a building permit has been issued.

Subd. 2. Excavation in a right-of-way, temporary easement, or utility corridor by state, county, city ortownship authorities in connection with construction or maintenance of public improvements.

Subd. 3. Excavations not exceeding four hundred (400) cubic yards annually.

Subd. 4. Excavation for agricultural purposes if the excavated material is not moved off-site.

Subd. 5. Excavation for public utility purposes.

Subd. 6. Temporary excavations involving mining operations associated with road construction,includingcommonly known as temporary borrow pits, used exclusively for public infrastructure construction

projectsA. Iif the project is under the administration of a public entity and the contract requires erosion

control, sediment containment and site restoration provisions must be in compliance with atleast as strict as those in the MPCAs NPDES General Storm Water Permit.

B. These tTemporary borrow pits must be closed and restored within 24 months of the firstdate of work on the project.

A.C. A reclamation plan as outlined in this ordinance as Map C must be submitted for

approval by the Zoning Administrator prior to excavation. The Zoning Administrator may

request appropriately licensed professionals to review the plan. Any costs for the plan

review shall be paid for by the applicant. In addition, a financial security may be required.

SECTION 4. MINERAL EXTRACTION PERMIT REQUIRED

Subd. 1. Conditional/Interim Use PermitsOwners and operators of any mineral extraction facility commencing on or after the adoption of thisOrdinance shall obtain a conditional/interim use permit and shall be processed in accordance withArticle 4 of this Ordinance and the additional procedures and requirements of this Article.

Subd. 2. Land Use Permits/Registration of Existing Mineral Extraction FacilitiesExisting mining extraction facilities shall not be required to obtain a conditional/interim use permitprovided that the facility has been continuously registered with the County since J uly 2004 andprovide the following information:

The following items shall be submitted to the Zoning Administrator:

A. Name, address, phone number of contact person for the operator and landowner.


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B. Property boundaries by a Minnesota Licensed Land Surveyor.C. Existing structures.D. Existing drainage and permanent water areas.E. Existing vegetation.F. Existing wells and private sewer systems.G. Acreage and complete legal description of the subject property on which the facility is located,

including all contiguous property owned by the landowners.H. A narrative outlining the type of material to be excavated mode of operation, estimated

quantity of material to be extracted, plans for blasting, and other pertinent information todescribe the existing Mineral Extraction Facility request in detail.I. Estimated time frame facility has been operated, to include hours per day, days per week,

months per year, number of years in operation.J . A general description of surface waters, existing drainage patterns and groundwater

conditions within one-quarter (1/4) mile of the subject property.K. Copies of all applicable state and federal application documents and operating permits,

including but not limited to, MPCA permits, wetland permits, historical and archeologicalpermits, storm water permits issue for the existing Mineral Extraction Facility.

L. A description of site screening, landscaping, and security fencing.M. A description of the site hydrology and drainage characteristics during extraction for each

phase of mineral extraction including plans to control erosion, sedimentation and water qualityof storm water runoff.

Subd. 3. Excavation Setbacks shall be in compliance with Section 6, Subdivision 4, L of this Article.Setbacksand performance standards for Registered Mines existing prior to the adoption of the August2012 mining ordinance shall be governed by the terms of their existing conditional use permitsor other permits, prior zoning regulations and performance standards in existence at the timeof their initial operation, but shall be obligated to conform to all health and safety standards.

Subd. 4. As a condition of registration (Section 6, Subd.2 of this Article), Goodhue County staff has the rightto access the subject property after providing notice to the operator.

Subd. 5. Mining operations shall be conducted so active extraction operation of the existing MineralExtraction Facility exposes no more than forty (40) acres at any one time, unless approved bycounty staff.Mineral extraction facility operation sites (including extraction, processing, stockpiling,roads), shall be limited to no more than forty (40) acres of exposed or uncovered ground at any

one time.

Subd. 6. Any significant change (such as a change in the primary product excavated or processed,increase in noise, dust, hours of operation, blasting, etc.) to the operations or use of the land approvedunder a current existing registered mineral extraction facility permit shall require an amendedconditional/interim use permit and all procedures shall apply as if a new permit were being issued.

SECTION 5. CONDITIONAL/INTERIM USE PERMIT APPLICATION REQUIREMENTS FOR NEW MINERALEXTRACTION FACILITIES

Subd. 1. Application Form: An application for a mineral extraction permit shall be submitted to the County

on a form supplied by the County. The required maps and application Information shall include butnot be limited to the following:

A. Site maps of the proposed operations will show the entire site (s) and include areas within 600feet of the site. All maps shall be drawn at a scale of one-inch (1) to two hundred feet (200)unless otherwise stated below:

1. Map A- Existing site conditions to include:1. a. Property boundaries surveyed by a Minnesota Licensed Land Surveyor.2. b. A survey which provides contour lines at five (5) foot intervals.3. c. Existing vegetation including plant community, evaluation of condition of plant

community, and dominate species4. d. Existing structures.


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5. e. Existing pipelines, power lines and other utilities.6. f. Easements affecting the permitted property.7. g. Adjacent public road right-of-way.8. h. Existing access points to public roads.9. i. Existing Bluff Impact zones according to Article 12 of this ordinance10. J .Test borings and monitoring wells used to characterize the site.11. k.Threatened and Endangered Species on the site and within mile of the site12. l. Distribution, thickness and type of existing topsoil and subsoil

13. m.Location of existing historical, cultural, and archeological features identified in theSHPO and Countys databases and those not identified but discovered onsite14. n.Location of areas previously affected by mining on site, including location of

stockpiles, wash ponds, and sediment basinsGEOLOGY

15.nGeologic units and contacts.16.o Depth to bedrock (if applicable).17.p Confining units (clays, shale, siltstone)18.q Fracture patterns and traces (for rock quarries)19.r Location of any known caves, joints, fractures, sinkholes, stream sinks, and springs

HYDROLOGY20s. Drainage patterns and permanent water areas within 600 feet of the property lines21t. Water-table elevations with ground water flow direction2u2. Wells within one mile radius of the property lines showing location, depth,

static water level, age, and construction23v. Location and elevation of any known springs within 600 feet of the property lines24w. General location of septic systems within 600 feet of the property lines25x. Location of designated trout streams within 600 feet of the property lines

2. Map B Proposed operations to include:a.Proposed Property boundaries of the mineral extraction facility extentssurveyed bya Minnesota Licensed Land Surveyor.b.Vegetation protection plan for vegetation remaining on sitec. Soil salvage plan, including storage areas, methods of protection from erosion,compaction and weedsd.Structures to be erected.

5. e. Location of sites to be mined showing depth of proposed excavation.6. f.Location of tailing (strippings or overburden) deposits showing maximum height ofdeposits.

7. g.Location of processing areas and machinery to be used in the mining operation.8. h. Location of storage of mined materials, showing height of storage deposits.9. i. Location of vehicle parking.10. j.Location of storage of explosives.11. k.Location of fuel storage12. l.Erosion and sediment control structures.13. m. Water retention ponds14. n. Drainage Plan including revisions to existing drainage patterns.15. o. Proposed internal road system including typical cross sections.16. p. Proposed new access points to adjacent public roads.17. q,Proposed haul routes of vehicles removing material from the pit including current

spring weight restrictions on the proposed routes.

3. Map C Reclamation plan. The Reclamation Plan must take into account the PerformanceStandards listed in this Article in addition to:

1. a. Property boundaries surveyed by a Minnesota Licensed Land Surveyor.2. b. Final grade of proposed site showing elevations and contour lines at five (5) foot

intervals.3. c. Proposed land use after mining4. d. Location, species, rate, and density of vegetation to be seeded and planted.5. e. Location and nature of any structure to be erected in relation to the end use plan.6. f. Proposed improvements such as roads, paths, ponds, etc.7. g.Topsoil restoration plan


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8. h. Rates, kinds, and location of soil amendments9. i. Mulching, erosion control fabric, and other soil stabilization methods10. j. Include the grading plans, topsoil protection and replacement, seeding, revegetation,

mulching, erosion control, and sedimentation control specifications for each phase andfinal restoration.

11. k.Including quantified performance standards for the reclamation and maintenance ofeach plant community to be restored. These shall be based on a minimum percentcover of acceptable vegetation, maximum percent cover of unacceptable vegetation,

and minimum species diversity at reclamation milestones: 0-24 months, 2-5 years, 6years or more after substantial completion. Acceptable and unacceptable vegetationshall be defined in the plan.

B. Name, address, phone number, of contact person for the operator.

C. Name, address, phone number of landowner.

D. Acreage and complete legal description ofthe subject property, on which the facility will belocated, including all contiguous property owned by the landowners.

E. A narrative outlining the type of material to be excavated, mode of operation (including anyscreening, drying, and storage of material), estimated quantity of material to be extracted,plans for blasting, and other pertinent information to explain the request in detail.

F. Estimated time frame to operate facility, to include hours per day, days per week, months peryear, number of years in operation.

G. A description of all vehicles and equipment estimated to be used by the operator in theoperation of the facility.

H. A description of the estimated average daily and peak daily number of vehicles accessing thefacility. If more than one access to the pit is proposed to the Mineral Extraction facility, providea breakdown of anticipated average daily and peak number of vehicles using each access.

I. Any other information or documentation required for issuance of a conditional/interim usepermit under Article 4 of this Ordinance.

Subd. 2. Supporting Documentation. Every application for a mineral extraction facility permit shall include

submission of supporting documentation. The documentation must take into account thePerformance Standards listed in this Article and may be presented in descriptive or map form.Supporting documentation shall include, but is not limited to the following:

A. A description of existing land uses on the subject property.

B. A description of land use designations in the Comprehensive Plan and zoning classificationsof the subject property.

C. A description of the soil, vegetation, mineral content and topography of the subject property.A minimum of three (3) soil boring logs representative of the site and a description of thesubsurface materials on the subject property must be submitted.

D. A general description of surface waters, existing drainage patterns and groundwater

conditions within one-quarter (1/4) mile of the subject property.

E. A general description of the depth, quantity, quality and intended uses of the mineral depositson the subject property.

F. Copies of all applicable state and federal application documents and operating permits,including but not limited to, MPCA permits, wetland permits (Minnesota Wetland ConservationAct and/or Corps. of Engineers), Historical and Archeological permits, Storm Water Permits,Mine Safety and Health Administration permits, and the required EAW for subject propertyover forty (40) acres.

G. A description of the site hydrology and drainage characteristics during extraction for eachphase of mineral extraction including plans to control erosion, sedimentation and water quality


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of storm water runoff.

H. If there are any proposed changes to the existing drainage patterns, include proposedmitigation plans to control downstream off site damage caused by any increase to the naturalflow of water or any diversion of the existing natural flow of water.

I. A description of actions to be taken to mitigate potential impacts resulting from mineralextraction and processing, including potential impact related to; wetlands, erosion, noise, airpollution, surface water contamination, traffic, dust or vibrations.

J . A description of site screening, landscaping and security fencing.

K. A description of the method in which complaints about any aspect of the mineral extractionfacility operation or off-site transportation are to be received and the method which complaintsare to be resolved, such as neighbor notifications, meetings, or property value guarantees

L. A plan for groundwater quality protection. The plan shall include a minimum of three (3)borings showing depth to groundwater. If washing or processing are not proposed, and Ifgroundwater is not encountered at a depth of fifteen (15) feet below the bottom of theproposed pit floor, the applicant need not extend borings any further. If washing/processingoperation is proposed a minimum of three (3) monitoring wells shall be installed to evaluatethe hydrogeologic environment. The County reserves the right to require additional borings or

monitoring wells if necessary.

M. A minimum of three (3) cross-sections showing the extent of overburden, extent of mineraldeposits, the water table, and any evidence of the water table in the past.

N. Description of methods to control the weight of the vehicles leaving the pit and the methods toinsure vehicles do not travel on roads with weight limits lower than the weight of the vehicles.

O. Description of methods to prevent mud and debris from being tracked onto public roads.P. If a mineral extraction facility proposes to dewater the site, a plan must be submitted that

includes:

dewatering points and their elevations

hydro-geologic parameters of the unit dewatered including hydraulic conductivity,transmissivity, and storativity

proposed volume and rate of dewatering

discharge point

duration of dewatering

Q. Contingency Plans. A plan for responding to spills and berm/earthen dam failure, or accidentalrelease of chemicals, process water, or tailings.

R. Seismic Monitoring. If a mineral extraction facility proposes using explosives, a pre-blastsurvey performed by a Minnesota Licensed Engineer of surrounding dwellings and buildingswithin one half mile shall be conducted prior to initial blasting. Yearly seismic surveys will beoffered and conducted by the applicants engineer if blasting has occurred within the previousyear.

S. Description of site security and property boundary signage to be utilized at the facility.

T. Map of the location of public schools, churches, campgrounds, nursing homes, plattedresidential properties within one mile of the proposed Mineral Extraction Facilities property lines.

Subd. 3. Additional Requirements for Underground Mining Extraction FacilitiesA. A description of the stability of lands overlaying the underground workingsB. Locations of adits, ventilation shafts, and other surface openingsC. Detailed description of water handling procedures, including dewatering and processing waterD. A detailed description of the fate and transport of groundwater into and out of the mine

workings.E. Residential and farm wells will be centered inside a 500 foot radius of undisturbed groundF. Designs for mining under public roads require approval of the road authority


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G. Mining or tunneling must maintain a 200 foot vertical extension setback from permanentsurface structures

Subd. 4. Permitting Procedure for Conditional/Interim Use Permits:

A. Application. A request for a mineral extraction conditional/interim use permit, as providedwithin this Ordinance, shall be filed with the Zoning Administrator on an official applicationform, the required application fee shall be paid, and a deposit made to reimburse the Countyfor its out-of-pocket costs in processing the application.

1. The application shall also be accompanied by twenty (20) hard copies and oneelectronic copy of the detailed written and graphic materials fully explaining theproposed change, development, or use as specified in this Article.

2. If a Mining Technical Evaluation Panel report is required, it must accompany theapplication in order for the application to be considered complete.

3. The Zoning Administrator shall refer the application along with all related information,to the County Planning Advisory Commission for consideration.

B. Notice. The Zoning Administrator shall notice a public hearing as specified in Section 3 ofArticle 4 of this Ordinance.

C. Additional Information. The Planning Commission and County staff shall have the authority torequest additional information from the applicant or to retain expert testimony with the consent

and at the expense of the applicant if said information is declared to be necessary by theCounty to review the request or to establish performance conditions in relation to thisOrdinance.

D. Referrals. The Planning Commission, County staff, and County Board may refer theapplication for review and comment to other agencies, including but not limited to the Soil andWater Conservation District, the Minnesota Pollution Control Agency, or the Mining TechnicalEvaluation Panel.

E. Recommendation. The Planning Commission shall make a finding of fact and recommendsuch actions or conditions relating to the request to the County Board. The County mayimpose such additional restrictions or conditions as deemed necessary to protect the publicinterest. These conditions may include, but are not limited to the following:

1. Matters relating to the appearanceof the Mineral Extraction Facility.2. Hours of operation.3. Increasing setbacks.4. Blasting notifications and frequency.5. Limiting the height, size or location of buildings and stockpiles.6. Controlling the location and number of vehicle access points.7. Increasing street width and improving access conditions, including turn lanes, bypass

lanes, etc.8. Increasing the number of required off street parking spaces.9. Limiting the number, size, location, or lighting of signs.10. Requiring diking, berming, fencing, screening, landscaping, or other facilities to protect

adjacent or nearby property.11. Designating sites for open space.12. Delineating the area to be mined, total size and open area atany one time.13. Requiring phased reclamation.14. Requiring financial security to guarantee compliance with the conditions of approval.15. Water quality monitoring.16. On and offsite improvements to mitigate impacts caused by revisions to the natural

flow of surface waters.17. Requiring conditions that would mitigate silica sand ambient air particles from leaving

the facility property.

F. County Boards Action and Findings. The County Board shall approve, modify, or deny therequest and state the findings of its actions. Approval of a Conditional Use/Interim Use Permitshall require passage by majority vote of the full County Board. The Zoning Administrator


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shall notify the applicant of the County Boards action.

G. Reapplication/Lapse of Conditional Use Permit. The Board shall not accept reapplication forthe same or substantially same Conditional/Interim Use Permit within six (6) months of denial.

H. Amended Conditional/Interim Use Permit. Any change to the operations or use of the landapproved under a current conditional use permit shall require an amended conditional/interimuse permit and all procedures shall apply as if a new permit were being issued.

SECTION 6. APPLICATION REQUIREMENTS FOR REGISTRATION/LAND USE PERMITS ANDCONDITIONAL/INTERIM USE PERMITS

Subd. 1. Security. The County shall require the applicant or owner of the property on which the mineralextraction is occurring, to post a letter of credit, bond, or cash escrow in such form and sum asdetermined by the Board as part of the permit. The security shall be sufficient to reimburse thefollowing costs:

A. Costs of bringing the operation into compliance with the mineral extraction permitrequirements including site monitoring and enforcement costs.

B. Extraordinary costs of repairing roads due to the special burden resulting from the hauling ofmaterials and traffic associated with the operation.

C. Site restoration.

D. Costs the county may incur in enforcing the terms of the conditional use permit, and land usepermit, including attorneys fees.

E. Bonds shall be for a minimum of one (1) year and shall include a provision for notification tothe County at least thirty (30) days prior to cancellation or non-renewal.

Subd. 2. Annual Registration. Annual registrationof all mineral extraction facilitypermits is required. Thepurpose of the annual registration is to maintain an updated listing of active mineral extractionfacilities in the County, to decertify any permits where the activity has ceased, to monitorcompliance with the conditions of approval and to review the applicability of the conditions and toreview bonding requirements.

A. Permit holders must complete and return registration forms provided by the County. Failureto maintain registration shall be cause for revocation of the permit. Other Goodhue Countyconditional/interim use permits may expire if there is no activity authorized under the permitwithin one (1) year of permit approval.

B. Conditional/Interim use permits and land use permits for mineral extraction facilities will notautomatically expire because there is no activity as authorized with in a years time as long asthe permitee complies with the annual registration specified herein.

C. Annual registration is done administratively by the Zoning Administrator and will not require areview by the Planning Commission or the Board of Commissioners provided all conditions arebeing met and the activity meets all standards as outlined in this Ordinance, other permits,Road Impact Agreements, and Development Agreements.

D. For underground mineral extraction facilities, a map prepared by a Minnesota Licensed LandSurveyor showing the property boundaries, the location, depth, size, and elevation of thetunnels and extent of the area mined must be submitted with the annual registration fee.

E. Permit holders must show current proof of insurance coverage for the facility operations andproperty with each annual registration.

Subd. 3. Use Restrictions. The following uses are prohibited unless specifically authorized in the mineralextraction permit:


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A. The production or manufacturing of veneer stone, sills, lintels, out flagstone, hearthstones,paving stone and similar architectural or structural stone, and the storing or stockpiling of suchproducts on the site.

B. The manufacture of concrete building blocks or other similar blocks permanent ready-mixedconcrete, or permanent asphalt productionplants and any similar production or manufacturingprocesses.

Subd. 4. Mineral ExtractionFacilities Performance Standards . The following performance standards applyto all mineral extraction facilities in the County:

A. Recommended Hours of Operation. Mineral extraction facilities shall operate only betweenthe hours of 6:00 a.m. and 10:00 p.m., Monday through Saturday unless specified otherwisein theconditional use permit for the facility.

1. Operators are allowed a maximum of five (5) one-day extensions to the hours ofoperation for evening work in a calendar year. Operators must notify the County threeworking days in advance of the proposed extension.

2. Other exceptions to the hours of operation must be approved by the County ZoningAdministrator. Approval may only be granted in conjunction with the furnishing of materialfor a public improvement,public safety or a public goodproject, that is underway during

hours that the mineral extraction facility is not otherwise allowed to operate. Approval willbe limited to those functions that cannot occur during normal hours of operation.

B. Fencing. Fencing, signs, and barriers are required around ponding areas and steep slopedexcavation areas unless, because of their location they are not deemed to create a safetyhazard.

C. Access. The permittee must obtain a permit from the road authority for all proposed newaccess points to public roads. The road authority may restrict the weight of vehicles allowedto use any permitted access.

D. Roadway Dust Control. Operators shall be responsible for providing continuous dust controlduring facility operation on gravel roads that are the primary routesto or from a mineralexcavation facility. . Watering roadways or other dust control measures along paved roads

accessing the facility such as pavement sweeping and wheel washing may be required.

E. Mineral Extraction Facility Dust Control and Air Quality. To mitigate public nuisances andpublic health concerns the County shall require dust control in a mineral extraction facility.

1. Remedies to control dust may include methods such as berming, landscaping,enclosures for processing equipment, and watering stockpiled materials and all roadswithin the site

2. All equipment used for mining operations shall be constructed, maintained, andoperated in such a manner as to minimize, as far as practicable, dust conditionswhich are injurious or substantially annoying to persons living within six hundred feet(600) of the mineral extraction facility lot line.

3. The County may require air quality/air particulate monitoring of a mineral extractionfacility. Mineral Extraction Facilities that excavate, transfer, process or stockpile silica

sand shall monitor air quality/air particulates as described herein. Monitoringequipment shall be in accordance with MPCA or the Goodhue County best practicesstandards, whichever are more stringent.

a) If required, the operator shall begin air quality/air particulate and weathermonitoring at least six months prior to operation to create a baseline of thearea.b) Stationary monitors shall be located at strategic locations along the mineralextraction facility property lines, within the site, and may also be required to belocated at neighboring residences within 600 feet of the facilities property lines.c) Continuous remote readings shall be taken and reported to the County whenrequested; a summary report shall accompany the operations annual renewaldocumentation and fees.


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F. Noise. Maximum noise levels at the facility will be consistent with the standards establishedby the Minnesota Pollution Control Agency. To mitigate public nuisances, the facility shall useCounty approved practices including building berms, enclosing generators, and leavingexisting trees at the property boundaries to minimize noise impacts.

G. Vibration. Operators shall use all practical means to eliminate adverse impacts on adjacentproperties from vibration of equipment according to all Federal and State laws, rules andstatutes.

H. Blasting. Seismic blasting records shall be submitted to the Zoning Administrator within 10days of receiving the blast analysis.

I. Water Resources. The mineral extraction operation shall not allow surface water to leave thesite in a manner that causes flooding, erosion, or alteration of natural drainage patterns. Themineral extraction operation shall not adversely affect the quantity and quality of surface orsubsurface water. Surface water leaving the site shall be of equal quality as water originatingoff site before it passes through the site. The operator shall perform any water treatmentnecessary to comply with this provision.

J . Screening. Screening barriers shall be subject to the approval of the permitting authority.1. To minimize problems of dust and noise and to shield miningoperations from public view, a screening barrier may be required between themining site and adjacent properties.

2. A screening barrier may be required between the mineral extractionfacility and any public road.3. A screening barrier may be required to mitigate visual impacts of themineral extraction facility from existing historical, cultural, recreational featuresand dwellings, including but not limited to trails, navigable waters, and sitesidentified in the State Historic Preservation Office (SHPO) and Countys culturaldatabases.

K. Unauthorized Storage. Vehicles, equipment, or materials not associated with the mineralextraction facility or not in operable condition may not be kept or stored at the facility.

L. Setbacks. The following minimum setbacks shall be maintained from property boundaries atthe surface and their vertical extensions below the surface:

1. No mining activities, (including stockpiling) shall take place within fifty (50) feet ofadjoining property lines, except forvisual screening, reclamation, and berming ofoverburden material unless by written consent of the owner of the adjoining property isfirst secured and recorded with the county recorder and a copy submitted to the ZoningAdministrator.

2. One thousand (1000) feet from any existing dwelling or platted residential subdivision, notowned by the operator or owner. The setback may be reduced down to three hundred(300) feet if written consent of the owner of the adjoining property is first secured,recorded with the county recorder and a copy submitted to the Zoning Administrator. Thisparagraph is not applicable for Mineral Extraction Facilities in operation before and hasbeen used annually since a subdivision within 300 feet of the Mineral Extraction Facilitieswas platted.

3. Setbacks for new dwellings and new platted residential subdivisions shall be reciprocalunless the mineral extraction facility agrees to waive the setback by written consent andrecorded with the county recorder and a copy of the recorded consent submitted to theZoning Administrator.

34. Fifty (50) feet to the boundary of any zone where such operations are not permitted.

45. Fifty (50) feet of any road right-of-way line of any existing or platted street, road, orhighway, unless written consent by the adjacent road authority with jurisdiction over right-of-way and a copy submitted to the Zoning Administrator.

56. No mining activity shall take place within fifty (50) feet of any road right-of-way of any


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existing or platted street, road or highway, except for berm construction, vegetativescreening, or maintenance activities unless by written consent of the adjacent roadauthority having jurisdiction over the right-of-way.

7. Mineral extraction facilities must conformtoshoreland and DNR regulated trout streamregulations. Setbacks from shoreland areas, trout streams, and other water resourcessuch as sinks, springs, and seeps may be imposed based upon the proposal and thepotential risks to these areas.

6.8 The P lanning Commission or County Board may increase the setbacks based uponresidential locations, social or economic concerns, type of mining, or to mitigate publicnuisance concerns.

M. Phasing. Phasing plans must be prepared for all mineral extraction facilities. The proposedsize of the extraction, processing, staging, and stockpiling operations are to be identified.Size of each operation may be limited by the permit approving authority.

N. Weed Control. The operators shall be required to control noxious weeds and mow or harvestother vegetation to maintain reasonable appearance of the site.

O. Waste Disposal. Any waste generated from the mining operation, including waste from

vehicle or equipment maintenance, shall be disposed of in accordance with Federal, State,and County requirements.

1. Portable asphalt and concrete plants to be approved on a per project basis by thepermitting authority.

2. An estimate of the amount of recycled concrete and asphalt material to be processedmust be submitted. An estimate of the time required and the amount required to bestockpiled before being processed must be submitted.

P. Water Quality Monitoring. Water Quality monitoring shall be performed when a mineralextraction facility meets any of the following:is:

a. Mining below the water table

b. If the property lines are within 600 feet of known Karst features, springs, streams, orlakes

c. If the operation is proposing to dewater the sited. If the site is using chemicals as part of the washing or ponding processe. If otherwise required by the County Board or the MPCAf. If mining silica sand

1. If a washing/processing operation is proposed a minimum of three (3) monitoring wellsshall be installed to evaluate the hydro-geologic environment. The County reserves theright to require additional borings or monitoring wells if necessary.

2. A Water Monitoring Plan shall include placing a sufficient number of monitoring wells instrategic locations along the property lines and within the site to adequatelycharacterize and monitor surface and groundwater.

3. Monitoring of residential wells within 600 feet of the property lines may also be required

4. Continuous remote readings shall be taken and reported to the County when requested;a summary report shall accompany the operations annual renewal documentation andfees.

Q. General Compliance. The operators must comply with all other federal, state, regional,county, and local laws and regulations applicable to the operation of the mineral extractionfacility, including but not limited to floodplain management regulations, shorelandmanagement regulations, and Zoning Ordinance regulations.

R. Additional Regulations. The County may impose additional regulations and requirements tothe mineral extraction facilityto protect the public health, safety, and welfare.

S. Land Reclamation. The following minimum standards and conditions shall apply: the


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reclamation plan is a crucial component of this ordinance and shall follow Best Practices andapproved plans. It is expected that reclamation will be occurring in phases and completed instep with the opening of new excavation areas of the facility.

1. Land shaping. For sand and aggregate facilities, final grades may not exceed one (1)foot vertical to three (3) feet horizontal slope except for rehabilitated areas in existence atthe time of adoption of this Ordinance. In completing final grading in each phase, the topof the slope may begin twenty (20) feet from property lines. Proposed topography shall fitin with regional topography and mirror landforms typical of Goodhue County

2. Soil restoration, vegetation, and stabilization.a. If the restoration plan includes areas intended for plant growth, topsoil depth shall bereplaced within 2 inches of the original undisturbed depth, with a minimum thickness of4-6 inches. If the land use following reclamation is intended for row crop agriculturalproduction, a minimum topsoil thickness may need to be increased.b. Seeding and mulching shall be consistent with approved plans, permits and BestPractices.c. Soil restoration, seeding, and mulching must occur within each phase as soon asfinal grades, or interim grades identified in the phasing plans, have been reached.d. Soil erosion and sedimentation control plans shall be submitted to the County and beconsistent with MPCAs General Storm Water Permit and NPDES/SDS permits.

3.Reclamation plan review. A comprehensive review of the reclamation plan is

necessary to stay current with the progress of the facility, address issues, adjustfinancial securities, and incorporate current Best Practices. Reclamation plans may berequired to be amended in order to address these concerns.

a. Reclamation plans will be reviewed after the first year of permitting, and asneeded thereafter, yet no more than three years between the reviews.

b. Site visits may be required as part of the review and evaluation.c. As-built surveys, soil borings, or other testing may be required as part of thereview to ensure phased reclamation is completed according to the approved oramended reclamation plan.

d. Amended reclamation plans may need to be reviewed by the Mining TechnicalEvaluation Panel.

e. Amended reclamation plans must be approved by the Planning Commission, ormay be approved administratively if the changes are consistent with the overall final

concept.f. All final grades and restoration must be consistent with the approved andamended reclamation plans.

1. For gravel pits, final grades may not exceed one (1) vertical to three (3) horizontal slopeexcept for rehabilitated areas in existence at the time of adoption of this Ordinance. Incompleting final grading in each phase, the top of the slope may begin twenty (20) feetfrom property lines.

a. Proposed topography shall fit in with regional topography and mirror landformstypical of Goodhue County

b. For rock quarries, the permittee shall submit a plan to explain how the quarriesare to be rehabilitated.

2. A minimum of three (3) inches of topsoil shall be placed on all graded surfaces.

3. Seeding and mulching shall be consistent with Minnesota Department of Transportationspecifications for rights-of-way. Areas returned to agricultural production are exempt fromthe seeding and mulching requirements.

4. Soil restoration, seeding, and mulching must occur within each phase as soon as finalgrades, or interim grades identified in the phasing plans, have been reached.a. Land shall be reclaimed to native vegetation unless inconsistent with final

proposed land use.b. Proposed land uses shall be consistent with the Comprehensive Plan, Zoning

requirements and applicable local, state, and federal regulations in effect at the


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time the plan is submitted, and may be required to be amended over time.

5. Soil erosion and sedimentation control measures shall be consistent with MPCAsProtecting Water Quality in Urban Areas and MPCAs General Storm Water Permit.

6. Unless otherwise amended or approved by the County, all final grades and siterestoration efforts shall be consistent with the Reclamation Plan.

4.7.Within twelve (12) months after completion of mineral extraction or after termination of thepermit, all equipment, vehicles, machinery, materials, and debris shall be removed fromthe subject property.

85. Site reclamation must be completed Wwithin twelve (12) months after completion ofmineral extraction,orafter termination of the permit, or according to an approved planschedule,site reclamation must be completed. Failure to annually register the mineralextraction facility will be considered termination of the mineral extraction facility and thetwelve (12) month period begins.

9. All water areas resulting from excavation shall be addressed upon reclamation of the site.In unique instances where the County Board has reviewed proposals for water bodies atthe time of approval of the overall plan and has determined that such would beappropriate as an open space or recreational amenity in subsequent reuse of the site,

water bodies may be permitted.

T. Best PracticesThe County expects applications to incorporate Best Practice standards into the design,operation, and reclamation of Mineral Extraction Facilities. A list of Best Practice documentsis available through the Zoning Administrator. The County reserves the right to update the listas appropriate.

TU. Violations and Penalties.

1. Any firm, person or corporation who violates any of the provisions of these regulationsshall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fineand/or imprisonment as provided by law. Each day that a violation is permitted to exist

shall constitute a separate offense.

2. In the event of a violation or threatened violation of any of the terms of this Ordinance, theCounty may take appropriate action to enforce this Ordinance, including exercising theperformance bonds application for injunctive relief, action to compel performance, or otherappropriate action to court if necessary to prevent, restrain, correct or abate suchviolations or threatened violations. Upon motion, the court may award costs,disbursements and reasonable attorneys fees and witness fees, which costs and feescan be assessed against the property.

Subd. 5. Mineral Extraction Facilities may be required to enter into Road Impact and DevelopmentAgreements as conditions of their permit and registration.

A. Road Impact Studies and Agreements: When a proposed or amended Conditional/Interim UsePermit is requested, the County may require a Road Impact Study and a Road ImpactAgreement to alleviate the additional burden on the Countys financial resources associatedwith the road infrastructure maintenance affected by granting the request.

B. Development Agreements. When a proposed or amended Conditional/Interim Use Permit isrequested, the County may require a Development Agreement.

SECTION 7. MINING TECHNICAL EVALUATION PANEL PROCEDURES.

Subd. 1 The members of the Mining Technical Evaluation Panel shall consist of two or more professionalexperts in the fields of mining, engineering, geology, hydrology, ecology, and landscapearchitecture.


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Subd. 2 The Zoning Administrator will advertise every five years, or as needed, for Request forQualifications for the Mining Technical Evaluation Panel professionals. The Zoning Administratorshall maintain a list of qualified professionals from which to choose for evaluation of individualproposals. The Zoning Administrator will present the proposed list to the Planning AdvisoryCommission and County Board for review.

Subd. 3 Mining Technical Evaluation Panel members must not have a pecuniary interest in the project,

including any present financial relationship from the applicant company, or worked on the mineralextraction facility proposal and must disclose potential conflict of interest for each proposal theyreview.

Subd.4 When the Zoning Administrator determines that a proposal warrants a review by the MiningTechnical Evaluation Panel, the applicant must submit the information required in Sections 5 and 6of this Article to the Zoning Administrator to distribute to the Panel. The Zoning Administrator willassemble the Panel and distribute the material. The material shall also be distributed to the Countyengineer and SWCD staff.

Subd. 5 The applicant shall respond to any questions or requests for more information or clarification fromthe Mining Technical Evaluation Panel in a timely manner.

Subd. 6 The Mining Technical Evaluation Panel shall have 30 days after the material is distributed to review

the proposal in accordance with this Article and report the results of their review. The report will besubmitted to the Zoning Administrator and made part of the application.


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PROPOSED GOODHUE COUNTY COMPREHENSIVE PLAN AMENDMENT

In order to address concerns regarding potential issues that may arise if silica sand mineral extractionfacilities are proposed in Goodhue County once the current moratorium on the permitting of silica sandmineral extraction facilities ends, the following Draft Amendment to the Goodhue County ComprehensivePlan has been prepared for consideration by the Goodhue County Board of Commissioners.

This proposed amendment to the Goodhue Comprehensive Plan would expand on the current Element 1,Goal 7 that is oriented solely on aggregate resources with the intent of keeping that particular non-

metallic mineral resource available for future needs. The revised Element 1, Goal 7, recognizes that

there are additional non-metallic mineral resources present in Goodhue County including silica sand and

establishes a broader planning framework to guide responsible planning and regulation of various non-

metallic mineral extraction facilities.

Delete the following language from the 2004 Goodhue County Comprehensive Plan, Element 1, Goal 7:

GOAL 7: PRESERVATI ON OF AGGREGATE DEPOSITS

Manage and maintain aggregate resources in future growth zones.

SUMMARYThe Twin Cities have been challenged with the dilemma of diminishing aggregate resources due to

urban development over those resources. It has proved to be excessively expensive to haul aggregate

long distances. Managing our aggregate resources will ensure adequate economical quantities to meetGoodhue County needs.

Policy

1. Discourage mining in environmentally sensitive areas.2. Discourage mining in prime farmable agricultural areas.3. Ensure each mining site has a reclamation plan.4. Consider the preservation of aggregate deposits when approving added housing density.Replace Element 1, Goal 7 with the following:

GOAL 7: Managementof Non-Metall ic MineralResources

SUMMARY

Various non-metallic mineral resources ofcommercial value arepresent in Goodhue County. These

include clay,peat, industrial sand and gravel, limestone and dolomite, and silica sand. The mining and

use of some of these resources has played an important role in the development of Goodhue County.

Heightened interest in non-metallic mineral extraction has arisen in recent years due to increased demand

for silica sand for use in the oil and natural gas industries. Increased public awareness regarding the

potential for negative environmental impacts related to mineral extraction facilities and related

transportation of various non-metallic mineral products emphasizes the need to thoughtfully plan and

responsibly regulate this land use that has the potential to bring significant change to the Goodhue County

Landscape.

County policies to guide management of Non-Metallic Mineral Resources are needed to support official


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controls including land use regulations and infrastructure investment programs and projects to protect the

public health safety and welfare. Policies should strive to minimize land use conflicts and degradation of

the Countys scenic, recreational and natural resources while allowing limited opportunities for

development of mineral extraction facilities.

In addition, it remains essential that the Countys rural land use policies recognize the need to keep

aggregate resources needed to supply local and regional infrastructure and development projects accessibleinto foreseeable future.

Policy

1. Protectenvironmentally sensitive areas. Utilize the Countys Environmental Constraints Land UseModel (ECLUE) and all other available data resources as tools to evaluate potential impact onenvironmentally sensitive areas from mining of non-metallic mineral resources and utilize thatinformation as part of Best Practice management of facilities.

2. Establish and administer official controls to responsibly regulate non-metallic mineral extraction,processing and transportation facilities. This shall include any official controls that may be neededto address specific health issues or potential environmental impacts unique to silica sand mining,processing and transportation.

3. Evaluate any proposed new Mineral Extraction Facility or any proposed changes to anyexisting Mineral Extraction Facility to determine if the proposed project would be subjectto requirements of the Minnesota Environmental Review program pursuant to Minnesota

Statutes, section 116D.04 and 116D.045 and the administrative rules adopted by the EQBas Minnesota Rules, chapter 4410, parts 4410.0200 to 4410.7070.

4. Ensure that Environmental Review and/or Permitting Procedures for Non-MetallicMineral Extraction Facilities follow the steps defined in the Minnesota State Historic

Preservation Office (SHPO) Standards and Guidelines for the entire Area of PotentialEffect (APE) for any proposed mineral extraction facility.

5. Plan and regulate the development, operation and reclamation of non-metallic mineral extractionfacilities to be compatible with other rural land uses, understanding the priority and importance ofmaintaining an agricultural farming community.

6. Require non-metallic mineral extraction, processing and transportation facilities to adhere to bestmanagement practices as recognized by Goodhue County.

7. Plan and regulate the use of land in rural Goodhue County to ensure on-going cost effectiveavailability of aggregate to meet County and Regional needs.

8. Work closely with Goodhue County Townships and Cities to best determine areas within thecounty where various types of non-metallic mineral extraction and related activities may be

most suitable from both land use compatibility and public acceptance standpoints.

9. Periodically analyze and evaluate demand versus supply of aggregate resources necessary tomeet local needs.


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GoodhueCountyMiningStudyCommittee


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Goodhue County Board of Commissioners:

District 1: Ron Allen

District 2: Richard Samuelson

District 3: Dan Rechtzigel

District 4: Jim Bryant

District 5: Ted Seifert

Mining Study Committee Members:

Commissioner District: Member Name: Planning Advisory Committee Members:

1st

(Ron Allen) Roseanne Grosso* Bernie Overby

2nd

(Richard Samuelson) John Hobert Joan Volz

3rd

(Dan Rechtzigel) Rich Ellingsberg Mining Experts:

4th

(Jim Bryant) John Tittle John Litsenberger5

th

(Ted Seifert) Howard Stenerson Ken Kuhn*

Environmentalist: Beau Kennedy, SWCD

*Members of the 2002 committee studying Mineral Extraction Facility ordinance updates

Goodhue County Land Use Management Staff:

Lisa M. Hanni, L.S. Director

Michael Wozniak, AICP, Planner/Zoning Administrator

Kristi Gross, AICP Zoning Assistant

Other Goodhue County staff from Land Use Management, Geographic Information Systems, Assessors, Public Works, and

the County Attorneys offices provided valuable insight and information as part of this study process.


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Mining Study Committee

Contents

INTRODUCTION 3

RELATIONSHIP BETWEEN ECONOMIC AND RECREATIONAL VALUE 5

COORDINATING WITH THE STATE AGENCIES AND LEGISLATURE 6

EXISTING REGISTERED MINES 7

PROS/CONS OF BANNING SILICA SAND MINING 9

HOURS OF OPERATION 15

LOCATION RESTRICTIONS 17

LIMIT SILICA SAND OPERATION SIZES 21

MEETING WITH TOWNSHIP OFFICIALS 23DISENFRANCHISEMENT OF LANDOWNERS WITH THE SILICA SAND RESOURCE 24

DEFINING BEST PRACTICES 25

RECLAMATION 26

EMERGENCY FUNDS 28

APPENDIX A- SOURCES OF BEST MANAGEMENT PRACTICES 31

APPENDIX B- MAPS 34


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IntroductionThis document is the second report prepared by the Mining Study Committee (MSC).

At the August 16, 2012 County Board meeting the Goodhue County Board of Commissioners approved a one year

extension of the citizen request to put a moratorium on the issuance of any Conditional Use Permit for a new silica/frac

sand mining operation (Mineral Extraction Facility) within rural Goodhue County.

The County Board accepted and approved the Planning Advisory Committees (PAC) findings and recommendation, which

included the MSCs report and recommendations. In addition to extension, the County Board listed eighteen other items

for the MSC to review:

1. Relationship between economic and recreational value

2. Explore statewide study with the legislature

3. Existing mines not grandfathered

4. Pros/Cons of banning silica sand mining

5. Hours of operation

6. Setbacks to dwellings and sensitive features

7. Quantity limits on mining

8. High, medium and low impact mining classification

9. Meeting with Township Officials

10.How to evaluate silica sand differently, based on intensity and size, and create a definition and specific

rules for it

11.Disenfranchisement of the landowners who currently own this resource

12.Land reclamation

13.Defining best practices

14.Emergency fund

15.Comprehensive Plan and silica sand

16.More definition for the reclamation funds (how to estimate, provide a three year projected amount)

17.Explore production tax or other revenue-capture financial options

18.Evaluate if there are areas that would be inappropriate for mining

As a number of these items had similar discussions, we grouped the items under the following headings:

Relationship between Economic and Recreational Value (1)

Coordinating with State Agencies and Legislature (2, 17)

Existing Registered Mines (3)

Pros/Cons of Banning Silica Sand Mining (4)

Hours of Operation (5)

Location Restrictions (6,10,18)

Limit Silica Sand Operation Sizes (7,8,10)

Meeting With Township Officials (9)

Disenfranchisement of Landowners with the Silica Sand Resource (11)

Defining Best Practices (13)

Reclamation (12,16)

Emergency Funds (14)

Comprehensive Plan and Silica Sand (15)

Through this process, the committee has consolidated their discussions, research, and suggested ordinance changes with

this document. It was felt that some of the background information and discussion would be beneficial to those not


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directly involved in the process to understand the thoughts and reasons behind the suggested wording changes and, why

some of the ordinance wording has not changed.

Please refer to the additional information concerning the Committees work at:

http://www.co.goodhue.mn.us/countygovernment/committees/MiningCommittee/Miningcomm.aspx
http://www.co.goodhue.mn.us/countygovernment/committees/MiningCommittee/Miningcomm.aspxhttp://www.co.goodhue.mn.us/countygovernment/committees/MiningCommittee/Miningcomm.aspxhttp://www.co.goodhue.mn.us/countygovernment/committees/MiningCommittee/Miningcomm.aspx


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Relationship between economic and recreational value

This issue was discussed in the last report of the Mining Study Committee. The County has mapped existing dwelling

locations and its extensive historical, cultural, and recreational features dataset. Staff provided individual maps of the

Countys existing registered mining parcels showing a one mile buffer and all of the aforementioned datasets.

Wording was added to the ordinance to include additional requirements for screening barriers between the operation and

certain features:

Article 14, Section 6, Subd.4 J. Mineral Extraction Facilities Performance Standards.J. Screening Barriers. Screening barriers shall be subject to the approval of the permitting

authority.

1.To minimize problems of dust and noise and to shield mining operations from publicview, a screening barrier may be required between the mining site and adjacentproperties.

2.A screening barrier may be required between the mineral extraction facility and anypublic road.

3 .A screening barrier may be required to mitigate visual impacts of the mineral extractionfacility from existing historical, cultural, recreational features and dwellings, including butnot limited to trails, navigable waters, and sites identified in the State HistoricPreservation Office (SHPO) and Countys cultural and archeological databases.

In addition to the above wording, as part of Map A in the ordinance, any proposed application must include the Location

of existing historical, cultural, and archeological features identified in the SHPO and Countys databases and those not

identified but discovered onsite.

Through the application review process, other information such as haul routes and hours of operation are presented in

order to ascertain if restrictions to any part of the operation should be added as conditions, or if the operation is such that

it does not fit in the location as proposed, the application can be denied.

The tourism industry in Goodhue County has been shown to have significant importance to the economic health of the

community. There are also economic benefits from the current mining operations in the County. Both industries bring

jobs and revenue into the County. As in all land use decisions, it is important to find the right balance and location for

proposed uses.

The last few decades in Goodhue County have seen the local economy supported primarily through the agricultural and

tourism industries. The MSC recommends that the PAC address recognition of the economic value of tourism and

recreational facilities and opportunities in the Countys Comprehensive Plan.


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Coordinating with the State Agencies and Legislature

As the topic of silica sand mining increases throughout the state and region, it was suggested that County become

engaged in a conversation with the legislators about various state-wide initiatives.

One initiative proposed by opponents of silica sand mining was to petition the Minnesota Environmental Quality Board

(EQB) to order a statewide Generic Environment Impact Study (GEIS) and to recommend a statewide moratorium on silica

sand mining during the study.

One bill (SF 425, HF0425) that has been introduced in the 2013 legislative session is to request appropriations from bond

proceeds to fund the acquisition of land or interests in land as scientific and natural areas where industrial silica sand

resources are likely to be mined; and to appropriate funds from bond proceeds to acquire permanent easements to

prevent industrial silica sand mining in wellhead protection areas. Other bills concerning restrictions on silica sand mining

are expected to be introduced.

Another bill (SF 796, HF742) restricts silica sand mining within

one mile of any spring, groundwater seepage area, fen,

designated trout stream, class 2a water, or any perennially

flowing tributary of a designated trout stream or class 2a waterwithin the DNR designated Paleozoic Plateau Ecological Section.

It also prohibits the DNR from issuing any water use permits

associated with silica sand mining within this designated area,

and prohibits silica sand mining within 25 feet of the static water

level within this designated area.

Other Revenue capturing options:

One area that could be addressed would be in the existing

aggregate tax legislation (MS 298.75) which sets the amount of

production tax on aggregate material (including silica sand) and

how the tax is distributed to different funds within the county

and townships. The rate is 21.5 cents per cubic yard or 15 cents

per ton of material excavated or imported into a County that has

adopted the tax. The market value for silica sand is significantly

higher than other aggregate and could have a different rate

imposed upon it.

As the topic continues to be debated, the County will monitor the various legislative activities proposed.


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Existing Registered MinesIt is recognized that the Existing Registered Mines (ERM) have rights and conditions that pre-date the current ordinance

adopted in August 2012, that may be in conflict with this ordinance. It is also recognized that the County understands the

importance and significance that our ERM operations play as an essential partner in County and Regional construction

projects.

Because of the similarities between the mining processes of silica sand mining and other non-metallic mining operations,

the MSC, PAC, and the County Board maintained one ordinance for all non-metallic mining operations. However, due to

the uncertainty of some of the potential health concerns, the ordinance has outlined additional requirements specifically

for silica sand mining.

Non-Conforming ERM

Staff has reviewed the ERMs to understand if any of them would have non-conforming aspects to their operation as

compared with the current ordinance. Below is a summary of the items:

Some of the operations registered numerous contiguous parcels

Seven had platted residential property within 300 feet

Five operations had hours of operation different than what is listed in ordinance

Of the eleven mines that are closest to the Jordan formation:

o Five are designed/mining at the 300 foot setback from a dwellingo 0-17 cultural features (listed in the Countys dataset) are within one mile of the mine

o Eight have water features within 400 feet

o Ten are either mining bluffs or are surrounded by bluffs

Setbacks

When the pre-August 2012 ordinance was reviewed, it was noted that the existing mines and any new mines had the

same setback wording. For efficiency, one proposed change was to have the existing mines language simply refer to the

section for setbacks under the new mines. At that time, the setbacks to dwellings and platted residential properties was

at 300 feet. When the County Board altered the distance to dwellings and residential platted property to 1000 feet, it also

affected the ERM setback. It is believed that it was not the intention to affect the ERM in that manner.

To avoid potential conflict with existing registered mine setbacks a suggested wording for discussion could be as follows:

Section 4. MINERAL EXTRACTION PERMIT REQUIRED Subd. 3 Excavation Setbacks shall be in compliance with Section 6,

Subdivision 4, L of this Article. Setbacks and performance standards for Registered Mines existing prior to the adoption of

the August 2012 mining ordinance shall be governed by the terms of their existing conditional use permits or other

permits, prior zoning regulations and performance standards in existence at the time of their initial operation, but shall be

obligated to conform to all health and safety standards.

Existing Registered Mines and Silica Sand Mining

Some counties are currently reviewing this same issue about allowing existing mines to begin silica sand mining

operations. As we have learned from past experiences, when enforcing Land Use or Conditional Use Permits, specificity is

important. Although the mines that registered in the 2002 ordinance provided the necessary information, listing whatthey intended to mine did not have the importance as it does today it was all non-metallic mining.

Part of this discussion includes our definition ofAccessory Uses which are described as follows and permitted with

Mineral Extraction Facilities:

Article 14, Section 2. DefinitionsSubd. 1.ACCESSORY USES:Accessory uses of a mineral extraction facility include the manufacture, storage andsale of products made from minerals on the premises and storage and sale of minerals, recycled asphalt, recycled


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concrete and topsoil not extracted on the premises. In addition, the storage and manufacture of explosives may bepermitted as an accessory use of a mineral extraction facility-subject to approval of a conditional use permit.

If an existing registered mine begins to mine silica sand, it would have to be determined if the action has significantly gone

beyond their permitted conditions. Some questions to ask to determine if it has significantly changed are:

Does the operation meet the Performance S

Documents

Goodhue County: Mining Study Committee Report and plan amendments