27-5 MINING, QUARRY, SAND, AND GRAVEL EXCAVATION ZONE (MG-EX): Minimum Requirements

All operations shall comply with the following requirements: 1. warning signs, fences, trees, and berms shall be placed on the perimeter of the property to protect the public and act as barriers to access, fugitive dust, noise, glare, and/or view shall be indicated; 2. no adverse drainage which would create soil instability or erosion shall be permitted. All drainage shall be contained on site; 3. maximum slopes shall be in accordance MSHA; 4. the applicant shall post a reclamation guarantee for the area of disturbance giving financial assurance in a form approved by Erda; guaranteeing the satisfactory reclamation of all disturbed areas. The amount of reclamation shall not be less than $1,000.00 per acre, with a $10,000.00 minimum and shall be adjusted upon the renewal of the operations plan to meet projected costs of reclamation based upon time, material and equipment needed to clean-up and remove structures, backfill, slopes (to include mine dumps) shall be graded to no greater than 3:1 finished slope or in relation to the contour of adjacent undisturbed land, contour redistribute and stabilize topsoil, re­ vegetate, monitor, and reseed, if necessary. The release of the financial assurance obligations for reclamation shall not be made until the Department of Engineering consults with the Soil Conservation, Erda Attorney and approves the release in writing. 5. all facilities and activities shall comply with applicable land use, health, building, plumbing, mechanical, and electrical codes. All structures erected, placed, built, or installed shall have a building permit; 6. all fuel tanks and flammable materials shall be located above ground, in such locations, with containment, and under such conditions as to conform to the requirements of the national fire codes (NFPA); 7. all crossing of state and city roads shall be done in such a manner as to hold Erda harmless from any and all legal proceedings as a result of the applicant's use of such roads. The applicant shall make provisions to place suitable road signs, restraints and flagging personnel at worksites and road crossings as approved by the Manual on Uniform Traffic Control Devices and the Department of Engineering; 8. all damage to state and city roads shall be repaired at the applicant's expense under the direction of the Department of Engineering; 9. the applicant shall maintain on file, proof of liability insurance for the operation in the Department of Engineering; 10. Erda reserves the right to limit and restrict the time activities of the operation should the planning commission deem those activities are a public nuisance; 11. the owner or operator shall install such improvements to access city or state roads, to include acceleration, deceleration and left turn lanes as approved prior to operation; 12. all activities shall be maintained and operated in such a way as to minimize fumes, dust, and smoke emissions; 13. sufficient restroom facilities shall be provided at each location for employee use; and 14. the applicant shall not begin operations until such time that they enter into a mitigation agreement with Erda addressing the upgrade, construction, and maintenance of infrastructure.