Winneshiek County Zoning Ordinance

WINNESHIEK COUNTY ZONING ORDINANCE

PROPOSED NEW SECTION 712

EXCAVATION AND MINING OF INDUSTRIAL MINERALS

Table of Contents

Description / Page
Concerns and Findings
Ordinance -- Excavation and Mining of Industrial Minerals / 1
712.1 Purpose / 1
712.2 Definitions / 1
712.3 Application of Section 712 / 2
712.4 Industrial Minerals Conditional Use Permit Required / 2
712.5 Prohibited Industrial Minerals Project Activity / 3
712.6 Exceptions to Conditional Use Permit Requirements / 4
712.7 Siting and Location Requirements / 4
712.8 Application for Industrial Minerals Project Conditional Use Permit / 4
712.9 Excavation and Mining Operation Plan / 6
712.10 Site Reclamation Plan / 6
712.11 Environmental Assessment Worksheet (EAW) and Environmental Impact Statement (EIS) / 7
712.12 Public Notice of Proposed Industrial Minerals Project / 8
712.13 Operational Requirements for Excavation and Mining Activities / 8
712.14 Blasting Activity at the Mining Site / 9
712.15 Reclamation of Excavation and Mining Sites / 10
712.16 Control of Adverse Mining Effects / 11
712.17 Assignment of Industrial Minerals Project Conditional Use Permit / 12

WINNESHIEK COUNTY ZONING ORDINANCE

PROPOSED NEW SECTION 712

EXCAVATION AND MINING OF INDUSTRIAL MINERALS

The Board of Supervisors of Winneshiek County acknowledges the following concerns and findings regarding the possibility of silica sand mining, processing and transfer activity within the county:

1. The Winneshiek County board of supervisors, planning commission, businesses and residents spent many hours studying the potential impacts of mining, processing and transporting both construction and industrial minerals.

2. Winneshiek County has numerous natural areas, sensitive bluffs, karst features, trout streams, river watersheds, recreational trails, and wetland areas that justify and require special land use protection.

3. The primary land uses in Winneshiek County are for agricultural, residential, recreational, and commercial purposes, and not for significant industrial or manufacturing purposes.

4. Winneshiek County possesses some limited quarry and mining areas containing construction minerals which are mined for repairing and maintaining roads throughout the region, and providing bedding and other materials for farming and construction.

5. Businesses and residents of Winneshiek County are concerned about the potential adverse impacts from silica sand projects of (i) damage to township and county roads, (ii) reduction of water resources, (iii) unhealthy air emissions, (iv) contamination of streams and aquifers, (v) damage to bluffs and wetlands, and (vi) other environmental problems; if Winneshiek County should allow widespread and extensive mining, processing and transporting of industrial minerals to occur.

6. The University of Iowa Department of Occupational & Environmental Health is conducting a study in northeast Iowa of air emissions health impacts from crystalline silica sand, using funding from the US National Institutes of Health.

7. Businesses and residents of Winneshiek County are concerned that adding the mining and processing of industrial minerals to the already existing limited mining of construction minerals would create highly industrialized areas of the county, contrary to the goals and purposes contained in the county comprehensive land use plan.

8. In 2013, Winneshiek County approved a county-wide moratorium on silica sand mining for the purpose of determining the impacts of that proposed land use on county residents, businesses, agriculture, economy and the environment.

9. Winneshiek County is not attempting to regulate a mineral or product. Winneshiek County proposes to regulate mining and processing land use activity. The Winneshiek County board of supervisors recognizes that the land use operations for mining and processing industrials minerals are very different from the land use operations for mining and processing construction minerals. The industrial minerals mining land use operations (i) create more intense, larger-scaled industrial activity, (ii) consume more appropriated water, (iii) permanently expose and damage more landscape to scarring and alteration, (iv) require more concentrated heavy truck hauling traffic to single destinations, and (v) embrace other operational differences than the mining of construction minerals.

10. The Winneshiek County board of supervisors determines that large-scale mining activity and the mining and processing of industrial minerals are incompatible with (i) this county’s aging and fragile road and bridge system, (ii) this county’s comprehensive land use plan, (iii) the non-industrial character of this county, (iv) the need to protect the sensitive natural features prevalent throughout this county, (v) concerns about unhealthy exposure to ambient air emissions of mining industrial minerals, (vi) the need to protect sensitive streams, aquifers and water resources in this county, and (vii) the need to protect agricultural, residential, recreational and commercial areas.

11. This board of supervisors believes that the proposed county zoning ordinance is in the best interests of Winneshiek County, and will protect and preserve the health, safety, welfare, environment and economy of this county.

Based upon these concerns and findings, the Board of Supervisors of Winneshiek County approves, enacts and ordains this ordinance for the excavation and mining of industrial minerals, to be effective immediately following the publication and recording of such ordinance. The Board of Supervisors directs the Zoning Administrator to insert and integrate this ordinance of the excavation and mining of industrial minerals into the Winneshiek County Zoning Ordinance as new section 712.

WINNESHIEK COUNTY ZONING ORDINANCE

PROPOSED NEW SECTION 712

EXCAVATION AND MINING OF INDUSTRIAL MINERALS

712 EXCAVATION AND MINING OF INDUSTRIAL MINERALS

712.1 Purpose

The purpose of this section 712 on excavation and mining of industrial minerals is to (i) minimize road and bridge damage from high-volume and heavy truck traffic hauling industrial minerals, (ii) protect natural landscapes from scarring and damage of excessive excavation and mining activity (iii) protect fragile karst features, water resources, aquifers, streams (including trout streams), and rivers from excessive contamination and appropriation, (iv) minimize soil erosion, (v) protect agricultural land and farming activity, (vi) protect existing recreational and tourist businesses, (vii) protect residents from unhealthy air emissions of mining activity, (viii) monitor and control the extraction and mining of industrial minerals, (ix) prevent the industrialization of agricultural, open space and residential communities, and (x) minimize land use conflicts.

712.2 Definitions

(a) Excavation and Mining. The term “excavation and mining” includes any process or method of digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or removing industrial minerals from the land surface or underground. The term “excavation and mining” applies to all activity occurring at excavation or mining sites, including sites commonly identified as quarries and sand pits.

(b) Construction Minerals. The term “construction minerals” includes natural common, low-grade quartz rock, stone, aggregate, gravel and sand that is produced and used for local construction purposes, including road pavement, unpaved road gravel or cover, concrete, asphalt, building and dimension stone, railroad ballast, decorative stone, retaining walls, revetment stone, riprap, mortar sand, construction lime, agricultural lime and bedding sand for livestock operations, sewer and septic systems, landfills, and sand blasting. The term “construction minerals” does not include “industrial minerals” as defined in Section 712.2(c).

(c) Industrial Minerals. The term “industrial minerals” includes naturally existing, low impurity, high quartz level silica sand, quartz, graphite, diamonds, gemstones, kaolin, and other similar minerals used in industrial applications. Industrial minerals may be used, among several industrial uses, as a proppant for the hydraulic fracturing of shale for oil and gas production. Silica sand is categorized as an industrial mineral by the North American Industry Classification System under classification no. 212322. The term “industrial minerals” does not include “construction minerals” as defined in Section 712.2(b).

(d) Processing of Industrial Minerals. The term “processing of industrial minerals” includes the processing, washing, cleaning, screening, filtering, sorting, stockpiling and storage of all excavated or mined industrial minerals.

(e) Transfer of Industrial Minerals. The term “transfer of industrial minerals” includes the removal, transfer or hauling of excavated and mined industrial minerals from the mining site to any other location.

(f) Transfer Facility. The term “transfer facility” means a developed facility designed for transfer and loading extracted or mined industrial minerals onto rail, barge or truck for destinations outside Winneshiek County.

(g) Industrial Minerals Project. The term “industrial minerals projects” means any project or development that involves the (i) excavation and mining of industrial minerals, (ii) processing of industrial minerals, (iii) storage of industrial minerals, and/or (iv) transfer of industrial minerals.

712.3 Application of Section 712.

(a) This section 712 only applies to the (i) excavation and mining of industrial minerals, (ii) processing of industrial minerals, (iii) storage of industrial minerals, and (iv) transfer of industrial minerals at any property or site located in Winneshiek County. The regulation, monitoring and control of the (i) ) excavation and mining of industrial minerals, (ii) processing of industrial minerals, (iii) storage of industrial minerals, and (iv) transfer of industrial minerals are governed solely by this section 712 of the Zoning Ordinance.

(b) This section 712 does not apply to the (i) excavation and mining of construction minerals (as that term is defined in section 712.2(b)), (ii) processing of construction minerals, (iii) storage of construction minerals, or (iv) transfer of construction minerals. The regulation, monitoring and control of (i) the excavation and mining of construction minerals, (ii) processing of construction minerals, (iii) storage of construction minerals, and (iv) transfer of construction minerals are governed solely by section 711 of the Zoning Ordinance.

712.4 Industrial Minerals Project Conditional Use Permit Required

(a) No person shall (i) excavate or mine industrial minerals, (ii) process industrial minerals, (iii) store industrial minerals, or (iv) transfer industrial minerals at any property or site located in Winneshiek County, without first applying for and obtaining from the Board of Supervisors an Industrial Minerals Project Conditional Use Permit.

(b) No person shall construct, develop or operate any industrial minerals project at any property or site located in Winneshiek County, without first applying for and obtaining from the Board of Supervisors an Industrial Minerals Project Conditional Use Permit.

(c) If any person proposes to excavate or mine industrial minerals at a site 5 acres or less in size, such person shall first apply for and obtain from the Board of Supervisors an Industrial Minerals Project Conditional Use Permit.

(d) If any person proposes to (i) excavate or mine industrial minerals at a site greater than 5 acres in size, (ii) process industrial minerals, (iii) store industrial minerals, or (iv) develop or operate a transfer facility, such person shall first apply for and obtain from the Board of Supervisors a rezoning of such site to M1 General Industrial and then, if the rezoning of such site is granted, an Industrial Minerals Project Conditional Use Permit.

(e) If the holder of a conditional use permit to excavate or mine only construction minerals proposes to excavate and mine industrial minerals at the permitted excavation or mining site, the permit holder must first obtain a rezoning of such site to M1 General Industrial and then, if the rezoning of such site is granted, an Industrial Minerals Project Conditional Use Permit, pursuant to this Section 712.

(f) If the holder of a conditional use permit is entitled to excavate or mine industrial minerals, the permit holder will not be obligated to obtain an Industrial Minerals Project Conditional Use Permit to continue excavating and mining industrial minerals.

712.5 Prohibited Industrial Minerals Project Activity

The following industrial minerals project activity is prohibited, and will not be allowed under the terms or conditions of any Industrial Minerals Project Conditional Use Permit:

(a) The use of any excavation or mining process or methods that injects, drills, applies or uses any chemical or toxic substance.

(b) The use of any excavation or mining process or method of tunneling, augering, shafting, hydraulic dredging, or other similar process or method.

(c) The use or application of any flocculants or chemicals to wash or process excavated and mined industrial minerals at a mining site.

(d) The use or application of water to wash or process excavated and mined industrial minerals at a mining site. Mining operators will be entitled to dry screen and sort industrial minerals at the mining site, but must transfer all excavated and mined industrial minerals to sites outside the county jurisdiction of this Zoning Ordinance for further processing or washing.

(e) The development or operation of any transfer facility for the loading of extracted or mined industrial minerals onto rail, barge or truck for destinations outside Winneshiek County.

(f) Any industrial minerals project proposed to be located within a 1 mile radius of any trout stream, river or recreational trail in Winneshiek County.

(g) Any industrial minerals project proposed to be located on any site containing identified karst features.

(h) Any industrial minerals project proposed to be located on any portion of the Bluff Impact District, as defined in section 708.

712.6 Exceptions to Industrial Minerals Project Conditional Use Permit Requirements.

No Industrial Minerals Project Conditional Use Permit will be required for any of the following activities:

(a) The excavation of land necessary for the construction of a structure permitted under this Zoning Ordinance.

(b) The impounding of water in an open pit or pond designed for agricultural uses, but not for excavation or mining purposes.

(d) The excavation and mining of industrial minerals for personal or farming use on the same property for up to 1 acre in size.

(e) The appropriation and use of water resources for residential, commercial or agricultural uses.

712.7 Siting and Location Restrictions

Any new or expanded site excavating or mining industrial minerals must comply with the following siting and location requirements:

(a) No excavation or mining site shall exceed more than 20 acres in size to the parcel boundaries.

(b) No excavation or mining site shall be located within a 5 mile radius of any existing mining site holding an Industrial Minerals Project Conditional Use Permit.

(c) No excavation or mining site shall be located within 2,000 feet of any existing residence from the surveyed boundary of the excavation or mining site, unless the existing residence is owned by the applicant property owner.

(d) No excavation or mining shall occur within 200 feet from the surveyed boundary lines of any excavation or mining site.