Agenda - Planning Commission - 12/03/2015

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(i) (5) a. Restore that haul road to a condition at least equal to that which existed at the time the hauling operations were started; or b. Compensate the local road authority in an amount satisfactory to that road authority and concurred in by the city engineer for the restoration of that haul road by the city. The fact that other traffic has used the haul road concurrently with the hauling of the above- described materials shall not relieve the operator of their obligation to maintain and restore the haul road as above provided. (6) The city engineer's determination as to the kind and amount of maintenance and restoration work required to restore the haul road to a condition equal to that which existed at the time the hauling operations were started shall be final, binding and conclusive. When hauling over any designated haul road has been completed and the operator has restored that road or has compensated for that restoration as required, the city engineer will accept such restoration or concur in such financial settlement for the restoration of the haul road (as the case may be) in writing, and such acceptance will relieve the operator of any additional obligation in connection with the restoration of that road. (7) (8) If the operator fails or refuses to perform haul road restoration or to make satisfactory financial settlement for such restoration as required within the period specified in a written notice by the city engineer, the city will cause the restoration work to be done and require reimbursement therefor from the operator's surety. Operators shall obey all state, county and municipal road limits and other applicable traffic regulations in hauling to and from the work site. Operators shall also restrict trucks hauling to and from the work site to the use of those public highways designated by the permit. Site restoration. All grading, mining and filling sites shall be restored immediately after operations cease. Restoration shall be complete within 60 days of the cessation of operations. The following standards shall apply to restoration: (1) The peaks and depressions of the work site shall be graded and backfilled to a surface which will result in a gently rolling topography in substantial conformity to the land area immediately surrounding the work site and which will minimize erosion due to rainfall. No finished slope shall exceed 12 percent in grade. (2) Restoration shall begin after the grading, mining and/or filling of 25 percent of the total area to be mined or five acres, whichever is less. Once these areas have been graded, mined or filled, they shall be sloped and seeded as per the restoration plan. Restored areas shall be surfaced with a soil of a quality at least equal to the topsoil of land areas immediately surrounding the work site, and to a depth of at least six inches. The topsoil shall be seeded, sodded, or planted with grasses. Trees and shrubs may also be planted but not as a substitute for grasses. Such planting shall adequately retard soil erosion. (4) The finished grade shall be such that it will not adversely affect the surrounding land or future development of the work site and shall be consistent with the end use plan. Within 30 days after the deposit of approved fill materials, the filled area shall be covered with a minimum of six inches clean fill, and the depth of the fill shall be controlled to blend with the surrounding ground conditions. (k) Existing operations. Existing grading, mining and filling operations shall comply with these provisions within 180 days following the effective date of the ordinance from which this subsection is derived. (9) (3) (5) (Code 1978, § 9.11.12; Ord. No. 87-9, 1-11-1988; Ord. No. 97-15, 12-1-1997; Ord. No. 01-15, 7-30-2001; Ord. No. 03-30, 9-15-2003) Page 6