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<br /> <br /> <br /> Created: 2025-05-22 16:40:53 [EST] <br />(Supp. No. 36) <br /> <br />Page 144 of 198 <br />Sec. 90-246. Mining and excavation. <br />(a) It is unlawful for any person to use land for, or to engage directly or indirectly in, mining operations, unless <br />such person shall first have obtained a permit authorizing such activity from the city council under the <br />conditions contained in this section. <br />(b) Mining may not be conducted without a mining permit. <br />(c) Form of application. Application for a permit for mining operations shall be made in writing to the city <br />council on forms made available by the city. The application shall include: <br />(1) The name, address, and phone number of the applicant. <br />(2) The legal description of the property to be mined. <br />(3) Proof of the applicant's ownership of the property to be mined. <br />(4) Proof of a conditional use permit having been issued for the site to allow the mining. <br />(5) A statement as to the amount and type of material to be removed from the site over the permit <br />period, and for the expected remaining life of the mine. <br />(6) A statement as to whether the application includes a request for the manufacturing or processing of <br />any kind on the site, including, but not limited to, recycling of construction materials, importation of <br />material to create a final product, use of a rock crusher, etc. <br />(7) For the first issuance of a mining permit for a site, and each four years thereafter, a topographic survey <br />of the site and adjacent property within 300 feet, prepared by a registered surveyor. The survey shall <br />be scaled at no less than one inch equals 100 feet with two-foot contour intervals. As a minimum, the <br />survey shall show all structures, wetlands, lakes and waterbeds, roads and easements (public and <br />private), and trees over eight feet in height. <br />(8) For the first issuance of a mining permit for a site, and each four years thereafter, boring logs showing <br />groundwater elevations, with one boring required for every five acres to be mined, and no less than <br />three borings for each separate mining site, spaced so as to evenly cover the site and show a <br />representative sample of groundwater elevations. <br />(9) A description of how water used for washing purposes will be impounded and treated on the site. <br />(10) A reclamation plan meeting the conditions of section 90-36 and showing the land contours and <br />drainage patterns to be established on the site following cessation of mining operations. <br />(11) A permit from the watershed district having jurisdiction over the site authorizing the mining. <br />(12) Processing machinery must meet the same setback requirements from ordinary high-water levels as <br />designated for structures. <br />(d) Applications shall be administered in accordance with Section 90-37(a). <br />(e) The council may approve, approve with conditions, or deny issuance of the permit based upon the following <br />factors: <br />(1) A permit shall be issued only if the mining operation or excavation is approved as a conditional use <br />under this chapter. <br />(2) Whether, and the extent to which, the mining operation may create any safety risks to surrounding <br />persons and property, or exacerbate any existing risk.