§ 7-167. Maximum land usage and period; reclamation.
(a)
No person shall open at one (1) time more than fifteen (15) acres of land for the purposes of the excavation for or operation of a gravel pit, and such excavation or operation of said fifteen (15) acres shall be completed on said fifteen (15) acres shall not be allowed to continue for any period in excess of two (2) years. Restoration and reclamation shall be completed on said fifteen-acre tract of land within six (6) months after completion of the excavation or operation on said tract; or
(b)
For a permit issued with an approved Corps of Engineers Section 404 Permit and accompanying mitigation plan, and an approved plan of reclamation, the maximum area allowed for the purposes of excavation shall not exceed the area shown on the approved plan of reclamation, within the limits of the excavation areas shown on that plan. There shall not be any excavation allowed outside of the areas designated on the plan of reclamation, except for purposes of drainage or temporary removal of topsoil in an area that is to be filled. The security deposit required by section 7-163 of this Code shall be adjusted annually for current estimated cost of closure based on an annual plan of work submitted to the city by the applicant. The annual plan of work shall include a closure plan, prepared by a professional engineer, that estimates cost for closure, (using standard rates for labor, equipment, and materials, or current construction unit prices) that would occur in the event of work stoppage. Following review and approval by the director of public works, the estimated costs for closure shall serve as the amount of the annually adjusted security deposit. The annual work plan shall be verified by field inspections conducted each quarter and where noncompliance is noted, the security deposit may be increased to account for increased closure costs. Restoration and reclamation shall be completed on said excavated area within six (6) months after completion of the excavation or operation on said tract.
(c)
The closure plan shall exclude any excavated area within a designated wetland mitigation or approved mining area which already conforms to the Section 404 permit or the approved plan of reclamation.
(Code 1964, Amended, § 15.24(G); Ord. No. 5809, § 5, 9-2-97)