INFORMATIONAL HANDOUT PERTAINING TO EXTRACTIVE USE/S

EFFECTIVE DATE: 9/15/98

EXTRACTIVE USE:

(including gravel pits over 1 acre and excluding temporary borrow areas) the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Mn Statutes Section 93.44 to 93.51.

LAND USE CLASSIFICATION LIST:

Land uses marked (X) in classification list shall mean land use is permitted.

Land uses marked (0) in classification list shall mean land use is permitted only by Conditional Land Use Permit.

Land uses marked (R) in classification list shall mean land use is restricted.

1. Residential; 2. Seasonal Residential; 3. Farm Residential; 4. Recreational Commercial;

5. Lt. Industrial Commercial; 6. Heavy Industrial; 7. Public; 8. Open; 9. Waterfront Public;

10. Rural Residential; 11. Special Protection Overlying District .

*Any size extractive use within the Big Fork River and Mississippi River Scenic Class Corridor/s (and not in a restricted zone) shall require the processing of a c/u permit. Any size extractive use within the Mississippi River Wild Class is Restricted.

**In a FR Zone, a Conditional Use shall be necessary if there is an existing dwelling/residence within 1000' of the extractive use and related activities.

[SECTION/S 5.81-5.92]: EXTRACTIVE USES (OVER 1 ACRE):

This Section is for the purpose of:

1) Providing for the economic availability and removal of sand, gravel, rock, soil and other materials vital to the continued growth of Itasca County.

2) Establishing regulations, safeguards and controls in the unincorporated areas of the County regarding noise, dust, traffic, drainage, groundwater quality and other factors which will minimize the environmental and aesthetic impacts on mined or adjacent property.

3) Reducing the potential for pollution caused by wind, soil erosion and sedimentation.

4) Establishing locations, orderly approval process and operating conditions under which extractive use operations will be allowed in the unincorporated areas of the County and to establish conditions which ensure the restoration of mined areas consistent with the existing and planned land use patterns.

An extractive use which is located outside the Bigfork River and the Mississippi River Scenic Class Corridor/s, shall be authorized by permit, FEE: $150.00, on a form provided by the Zoning Officer, in accordance with the land use classification list, provided it is exempt from the Environmental Quality Board Review Program, the appropriate fee/s have been received and ALL of the following standards are fully complied with.

The property owner shall be responsible for obtaining any other applicable permit, required for an extractive use, relating to fuel and hazardous materials management, air quality management, solid waste management, water quality management, water withdrawals, riprap and discharge outlets, discharge of dredged or fill materials within waters and wetland, from the local, State or Federal Agency/Department.

Setbacks: All related activities, equipment, processing facilities, material storage, including clearing, excavating, stockpiling or other filling related to the pit operation shall be located at least:

A. 250' from any established residence other than the owner/operator of said extractive use

B. 200' from an incorporated municipality and ordinary high water mark;

C. 100' from property line/s

D. 50' from the right-of-way from any public road

Related activities include, but are not limited to the following:

Stockpiling of bituminous, sand, gravel and rock

washing of rock

crushing

bituminous, asphalt, hot mix processing equipment

parking facilities

haul roads

settling basins

buildings

Screening: To minimize problems of dust and to shield extractive use operations from public view:

A. the existing vegetation shall remain as screening between the extractive use site/related activities and the surrounding residences and public roads.

B. a screening barrier or berm may be required between the extractive use site and the adjacent properties. The need, size, kind, type and location shall be determined by the Zoning Official or authorized designee.

Haul Roads and Entrances/Exits Standards:

A. Entrance/exit haul roads shall be constructed to avoid creating a traffic safety hazard and to minimize the view into the extractive use site, utilizing road curves, topography and existing vegetation.

B. During the hours of operation, 'trucks hauling' signs shall be placed along the public roadways leading to the extractive use site entrances at a distance of not less than 500' from the entrances. Signs shall be removed or covered during non-operating hours.

C. Access(es) shall be controlled by the property owner.

D. Dust control to be implemented as necessary, from the processing site to the nearest paved road, on operations that would have over 10 one way road hauling trips or 5 round-trips per day.

E. Size and Type of Sign shall be approved by the applicable road authority.

Hours of Operation:

A. Overall extractive use operation shall be from 6:00 a.m. -7:00 p.m. Monday through Saturday.

B. Emergency situations shall be approved by the Itasca County Highway Engineer or authorized designee.

C. There shall be no mechanical equipment operation started before 6:00 a.m.

Other Standards:

A. all fluids/oils shall be handled and stored in accordance with the Minnesota Pollution Control Agency's regulations.

B. all noxious weeds designated by the Commissioner of Agriculture and Itasca County shall be controlled by the property owner. Plants designated as noxious weeds include: Field bindweed, Hemp, Purple Loosestrife, Poison Ivy, Lefy Spurge, Perennial Sowthistle, Bull Thistle, Canada Thistle, Musk Thistle, Plumeless Thistle, Orange Hawkweek, Oxeye Daisy, Tall Buttercup and Tansy.

C. submittal of such other information as may be necessary to determine the nature of the extractive use/related activities and reclamation.

D. it shall be the property owner's responsibility to notify the Zoning Office, prior to transferring the property, during the duration of the extractive use permit.

E. it shall be the property owner's responsibility to assure that the property taxes are current and up to date. Delinquent taxes shall make the extractive use permit null and void.

Financial Assurance:

A. Insurance: On County controlled lands, the Lessee (Operator) agrees to purchase liability insurance naming the Lessor (County) as an insured, or additional named insured, in an amount at least equal to the maximum liability limits set forth in Minnesota Statute 466.04, Subd. l, currently $300,000 per person and $750,000 per occurrence, and agrees to provide a Certificate of Insurance or other document, to the Itasca County Auditor/Treasurer, demonstrating that such insurance has been procured to the Lessor (County).

B. Bond - Security for Reclamation: On lands not controlled by the County, the property owner agrees to post a bond, cash deposits or other security, payable to Itasca County and filed with the Itasca County Auditor/Treasurer, and in such form as the County may require. It shall be the responsibility of the property owner to provide a Registered Engineer's written estimate of the total cost to reclaim the property that will be stripped of overburden. The sum of the security shall equal one and one-half times (1.5) of that written estimate. Bonds shall be for a minimum of one year and shall include a provision for notification to the County at least sixty (60) days prior to cancellation or non-renewal.

Reclamation Standards:

A. Slopes: No site shall exceed 3 feet horizontal to 1 foot vertical incline. This angle of repose shall extend vertically 6 feet below the lowest seasonal groundwater level. This angle of repose may be modified to a flatter, but not steeper angle, if it is shown that the material to be excavated or to be used in reclamation of the site will be unstable at 3:1 ratio.

B. Topsoil storage and reapplication: All topsoil on an extractive use site shall be saved for future application, unless it can be demonstrated that it is not all needed for reclamation. Topsoil shall be reapplied to the slopes as uniformly as possible. Sites which lack adequate topsoil shall have the topsoil applied preferentially to the sloped areas.

Seeding/revegetation/stabilization:

A. Seeding mixture shall be in accordance with the recommendations of the Itasca County Soil and Water Conservation District.

B. Alternative seeding mixtures shall be considered by the Zoning Department on a case by case basis. Evidence must be provided showing that the proposed mix will be sufficient to deter erosion on the site.

C. Planting of woody vegetation may be accepted in combination with other stabilization techniques.

D. Sodding maybe required for drainageways, ditch checks, highly erodible areas of a site as shown on the reclamation plan or as required by the Zoning Department.

E. Riprap maybe required for drainageways, ditch outlet, culvert ends or bridge openings as shown on the reclamation plan or as required by the Zoning Department.

F. All seeding/revegetation and stabilization on inactive portions of the pit shall be implemented upon completion. The final revegetation/restoration being completed within one year of cessation of the operation.

G. The areas which are reclaimed for purposes of a Minnesota Department of Natural Resources Wildlife Management area and/or wetland mitigation shall be allowed exceptions to enhance wildlife habitat.