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Municode Page 2 of 5 <br />h. A rehabilitation or restoration plan providing for the orderly and continuing rehabilitation of all excavated land. Such <br />plan shall illustrate, using appropriate photographs, maps, and surveys drawn to a scale of one inch equals 100 feet <br />and with a two -foot contour interval satisfactory to the engineer, the following: <br />1. The final or planned contours of the land when the mineral removal operations are completed. <br />2. Those areas of the work site that will be used for storage of top soil and overburden. <br />3. The elevation and location of all water bodies. <br />i. Location of any and all existing wells and the size and depth thereof located on the work site. <br />j. Location and description of any proposed dewatering operations. <br />k. An analysis of the earth material to be used in the filling, which analysis shall include the following: <br />1. pH content. <br />2. Organic material content. <br />3. Determination of the presence or lack of hazardous substances as defined by the Minnesota Pollution Control <br />Agency. <br />I. The analysis as required herein shall be certified by a qualified testing laboratory. <br />m. Any other information requested by the city staff, planning commission or council. <br />(e) Performance standards. <br />(1) General provisions. <br />a. Weeds and other unsightly or noxious vegetation shall be cut or trimmed as may be necessary to preserve a <br />reasonably neat appearance of the work site and to minimize seeding on adjacent property. <br />b: All equipment used for grading mining or filling operations shall be maintained and operated in such a manner as to <br />minimize, as far is practicable, noises, dust and vibrations adversely affecting surrounding properties. In addition, all <br />machinery shall be kept in good repair and painted regularly. Abandoned machinery and rubbish shall be removed <br />from the work site regularly. <br />c. All hauling operations shall be completed so as to minimize noise, safety and dust concerns to adjacent residential <br />properties. <br />d. All grading, mining and filling work sites shall be properly safeguarded to prevent the general public from depositing <br />garbage or other refuse in the work site. <br />e. All structures that are not being used shall be removed from the work site. <br />f. Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective <br />cutting, transplanting and replanting of trees, shrubs and other ground cover along all setback areas. <br />(2) Water resources. <br />a. The grading, mining or filling operation shall be conducted in such a manner as to minimize interference with the <br />surface water drainage outside of the boundaries of the operation. <br />b. Excavation occurring below groundwater elevation may require an analysis performed by a hydrologist or other <br />qualified professional. Such analysis shall address whether the proposed excavation shall have a significant impact on <br />the adjacent groundwater quantity and quality. In general, excavations less than 15 acres shall be exempt from this <br />requirement unless there is evidence of clay lenses or perched water table adjacent to the excavation, in which case <br />some analysis may be required. <br />(3) Safety fencing. Safety fencing may be required around all or portions of the grading, mining or filling operation at the <br />discretion of the council. Fencing may be ordered by the council or city engineer any time the permit is in force and shall be <br />installed within 24 hours' written notice. <br />(4) Access roads. <br />a. The location of the intersection of mining, grading or filling access roads with any public roads shall be selected such <br />that traffic on the access roads will have sufficient distance of public roads in view so that any turns onto the public <br />road can be completed with a margin of safety as determined by the city engineer. <br />b. All access roads from grading, mining or filling operations to public highways, roads or streets shall be maintained in <br />order to minimize dust considerations. <br />(5) Fill materials. An analysis of all fill materials must be provided to and approved by the city engineer prior to commencing any <br />filling activities. No filling materials shall be permitted which in the opinion of the city engineer would be undevelopable or <br />create substandard soils. <br />(6) Screening barrier. To minimize problems of dust and noise and to shield operations from public view, a screening barrier may <br />be required between the work site and adjacent properties. A screening barrier may also be required between the work site <br />and any public roads located within 500 feet of any grading, mining or filling operations. The screening barrier shall be <br />planted with a species of fast growing trees, and where practical, stockpiles of overburden materials shall be used to screen <br />the operation work site. <br />(7) Slopes. The maximum permitted slope for any grading, mining or filling operation other than the working face shall be sloped <br />on all sides at a maximum ratio of two feet horizontal to one foot vertical, unless a steeper slope shall be approved by the <br />engineer. In no case shall the slope of the working face of the operation be left unattended with a slope greater than two feet <br />horizontal to one foot vertical. Where excavations are adjacent to a public roadway or other right -of -way, the excavation shall <br />have a maximum four to one slope. Slopes adjacent to or contiguous to bodies of water shall be sloped at a maximum of five <br />to one. <br />(8) Setback. Grading, mining or filling operation shall not be conducted closer than 30 feet to the right -of -way line of any existing <br />or platted street, road or highway, except that excavating may be conducted within such limits in order to reduce or raise the <br />elevation thereof in conformity to the existing or platted street, road or highway. <br />(9) Security agreement. Prior to commencing any grading, mining or filling operations, a performance bond, cash escrow or <br />irrevocable letter of credit, in such form and amounts as the city may require, shall be deposited with the city. The amount of <br />http:// library. municode .com /print.aspx ?clientID= 14286 &HTMRequest = http %3a %2f /o2flibrary.municode.c... 8/11 /2011 <br />