30-8 MINING, QUARRY, SAND AND GRAVEL EXCAVATION OPERATIONS: Operations

All excavation operations conducted or carried on that are subject to the requirements as found in applicable DOGM rules, including plans and practices, shall continue to comply with those requirements as provided in section 30-4 (C) above. Because of the potential impact on adjacent properties, the following additional limitations, restrictions, and controls shall also apply except as otherwise specified in this Chapter: A. Dust, Noise, Vibration, Smoke, Lights and Odor. All equipment and machinery operation on the site and in the transportation of products through the City shall be conducted in compliance with the approved Operation and Reclamation Plan and other applicable requirements of the City Code. Such operations must meet applicable City standards as adopted or amended including, but not limited to, the noise requirements contained in Chapter 6-21 of the City Code. Soil berming, landscaping and other techniques may be used to accomplish the objective of reducing the impact of noise, vibration and other operation factors on adjacent property. All state and federal emission guidelines and regulations must be adhered to, including compliance with any regulations or with any permit issued by the State Divisions of Air or Water Quality. On site access and haulage roads shall be maintained by the Owner/Operator, including surfacing or other treatment as approved by the CDD, in such a manner as to minimize dust. B. Fencing and Barriers. Fencing or other suitable barriers shall be created and maintained on the excavation site or on any portions of the site where such fencing is necessary because of dangerous conditions as approved as part of the Operation and Reclamation Plan. Fencing, monuments or other means of identification shall be placed and maintained around the perimeter of the excavation site so as to enable reasonable identification of the property line separating the excavation property from adjoining land owners. C. Washing Operations and Run-off Water Detention. The Operator or Owner shall maintain a Storm Water Management Plan (SWPPP) for the excavation operation. D. Mitigating Impacts on Public Roads and Highways. In order to mitigate the impact of gravel operations and related activities on public roads and highways, including fugitive dust, the conditions of an Excavation Permit may include a requirement to apply a liquid magnesium chloride or similar product on all access roads owned or leased by the Owner from the subject property where gravel operations will be conducted, to the closest adjoining public road. In addition, all such accesses used for gravel operations and related activities shall be periodically swept, cleaned and treated as deemed necessary for safety purposes at the expense of the Owner and/or Operator. E. Hours, Days and Limits of Operation. 1. Hours of Operation. a. Aggregate Crushing Operations. Rock crushing and related operations shall be limited to the hours of 7:00 a.m. to 7:00 p.m. from April 1 to November 30; and from 8:00 a.m. to 6:00 p.m. from December 1 to March 31. b. Hauling. The activities of hauling product shall be limited to the hours of 6:00 am to 8:00 pm from April 1 to November 30; and from 8:00 am to 6:00 pm from December 31 to March 31. No trucks used in hauling operations shall be allowed to enter the site before the specified time or permitted to leave the site loaded with material after the specified time. c. Washing Equipment. The washing of equipment shall be limited to the hours of 6:00 am to 9:00 pm; and all permanent yard lighting shall be turned off other than during those hours. d. Maintenance, Repair and Related Work. Notwithstanding the foregoing, an Operator shall have the right to perform maintenance, repair and related work during hours beyond those specified for other activities above but shall make reasonable efforts to reduce noise and light by using low impact mobile lighting as needed for such maintenance work. 2. Designated Hauling Routes. All commercial vehicles utilizing the excavation site shall use the designated hauling routes as determined pursuant to the Excavation Permit. 3. Use of Processing Equipment. Rock crushing and all other operations may be conducted only under appropriate conditions consisting of a combination of buffering, berming, screening, landscaping, and other mechanisms, including limitations on noise as found in Chapter 6-21 of the City Code, to reduce or mitigate potential adverse impacts on neighboring land owners and City residents. No processing shall be permitted on Sundays. 4. No excavation operations, shall take place on Sunday or the following legal holidays: New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. 9 5. The limitations herein may be modified as found in sections 30-11 and 30-12. F. Operation Boundaries. To protect neighboring residents and properties from the potentially adverse effects of dust, noise, vibration, smoke, welding and other lights, orders, and soil erosion and to provide for the future development of the property, extractive operations are prohibited within ten (10) feet of the outside boundary of the permitted property. In situations where gravel excavation operations or extractive activities as defined and regulated under the provisions of this Chapter are being conducted on two adjoining properties, by agreement of those adjoining property owners, extractive operations may be conducted up to the property line between those adjacent properties with written notice to the City of not less than 30 days before such extractive operations are conducted within that adjacent boundary area between such properties. G. Cessation of Operations. Within eighteen months (18 months) after the cessation of any excavation operations as defined in this Chapter, the Operator shall implement the approved Operation and Reclamation Plan for the disturbed areas. This includes the reclamation of the last area to be excavated. An Operator may file a written notice with the CDD informing the City that they are temporarily ceasing excavation operations for commercial reasons and in that case, the provisions of this section shall not apply and the temporary cessation of excavation operations shall not be considered as evidence of an intent to abandon any nonconforming use of the property for excavation operations. An Operator shall provide written notice to the City when it intends to resume excavation operations. H. Blasting. Any blasting or related explosive detonation proposed to be conducted as part of excavation operations as part of an Excavation Permit, and any such activities, if approved, shall be limited to the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday if the excavation operation is within one thousand feet (1000’) of existing residential areas and shall be responsible to provide written notification (including email) to the CDD and County Sheriff at least twenty-four hours in advance of any blasting.