Agenda - Public Works Committee - 08/15/2011

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Municode Page 3 of 5 this deposit shall vary according to the scope and duration of the project and shall be established by the council. This deposit may be used by the city to: pay for the cost and expense of repairing any public rights -of -way due to the grading, mining or filling operation; pay for any costs associated in administering the requirements of this chapter; and to pay for any restoration of the work site not properly restored upon completion. This security shall be used by the city only in the event that the permit holder fails to pay bills submitted for costs incurred by the city. (10) Earth material. No earth material shall be imported to or exported from the work site until the haul road has been officially designated as a haul road by the city and all materials hauled from the source shall be hauled over that road. The haul road designation process shall be pursuant to section 2051.3 of the state department of transportation's Standard Specifications for Construction, 1983 Edition. (f) Insurance. The applicant shall file with the administrator a liability insurance policy or certificate of such insurance acceptable to the city and issued by an insurance company authorized to do business in the state. (1) The policy shall be an all- perils or general liability insurance policy in the minimum amount of $1,000,000.00. The policy shall name the city as an additional insured. The policy shall require that the city be notified 30 days in advance of cancellation of the policy. (2) Said policy shall be for the full period of the permit and shall provide for the giving of ten days prior notice to the administrator by registered mail of termination, cancellation, or amendment of the policy. (3) In the event said policy is terminated for any reason, the permit shall be automatically suspended upon the day the policy terminates, unless a new policy complying with this section is obtained and filed with the administrator prior to the termination of the policy in force. (g) Regulations and requirements and operating standards. (1) The council as a pre- requisite to the granting of said permit or after such permit has been granted, may impose such further restrictions and requirements as may be reasonable and necessary under the particular circumstances of each application. Such restrictions and requirements may be in contract form with the applicant or any other person interested directly or indirectly in the issuance of such permit. (2) No excavation or digging shall be made beyond the limits for which the particular permit is granted and in no case shall any excavation or digging be made within 30 feet of any adjoining road right -of -way or structure as may be in the area without obtaining specific approval by the council. (3) Where excavations are made within 30 feet of a public roadway or other right -of -way, the permittee shall erect either a suitable guard rail along said right -of -way or roadway or construct a dirt berm not less than 30 inches in height and six feet in width at the base. (4) All reasonable means shall be employed by applicant to reduce dust, noise and nuisances. (5) Noise. The maximum noise level at the perimeter of the work site shall be within the limits set by the Minnesota Pollution Control Agency and the Environmental Protection Agency of the United States. (6) Hours. All mining operations shall be conducted between 7:00 a.m. and 8:00 p.m. on weekdays only unless otherwise specifically approved by the city engineer or their agent. (7) Explosives. The use and handling of explosives shall be coordinated with the city police department. Blasting shall occur only at hours specified by the police department and at no other time. (8) Dust. Operators shall utilize all practical means to reduce the amount of dust caused by the operation. In no case shall the amount of dust or other particulate matter exceed the standards established by the MPCA. No operations shall be allowed when wind gusts exceed 30 miles per hour. (9) Water pollution. Operators shall comply with all applicable Minnesota Pollution Control Agency regulations and federal and Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated washwater, shall be deposited in any lake, or natural drainage system, except that lakes or ponds wholly contained within the extraction site may be so utilized. (10) Top soil preservation. All top soil shall be retained at the work site until complete rehabilitation of the work site has taken place according to the rehabilitation plan. (11) Designated haul routes shall be maintained by the operator in accordance with state department of transportation's Specification 2051.4 as found in the state department of transportation Standard Specifications for Construction, 1983 Edition. Dangerous operations. The operators shall change, alter or modify immediately any excavation or operation therein deemed by the council to be unsanitary or dangerous or polluted or contrary to the general health and welfare of the community. Designation of haul roads and traffic law compliance. Material of the kinds and for the purposes described herein shall not be hauled from any source until the haul road from that source has been officially designated as a haul road and all materials hauled from the source shall be hauled over that road. (1) The operator shall select a haul road over which it is proposed to haul the materials, as previously described, and notify•the city engineer as to the road so selected. Within 15 calendar days after being notified of the haul road selection, the city engineer will, if the road so selected is a practicable route, approve that road as a designated haul road. (2) After a haul road has been officially designated, the operator may select a different road for official designation under the same conditions as previously stated. However, any changes made in haul road designation shall not relieve the operator of their obligation of restoring the previously designated haul road if any of the above - described materials were hauled over that road. (3) While hauling operations are in progress, the operator shall maintain the haul road in a condition satisfactory to the city engineer. This work shall include application of water, bituminous material, or calcium chloride to the road surface as may be necessary to alleviate dust nuisance and eliminate traffic hazards. This work shall also include the removal of spillage of any material on the haul road. (4) When hauling operations over any haul road are completed, the operator shall (at their option): a. Restore that haul road to a condition at least equal to that which existed at the time the hauling operations were started; or http: / /library.municode, com/ print. aspx? clientlD = 14286 &HTMRequest= http %3 a %2P /o2flibrary.municode. c... 8/11/2011