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Yucatan Township


Wed, Sep 19th, 2012
Posted in All Legals

BOARD OF SUPERVISORS

INTERIM ORDINANCE and MORATORIUM

INDUSTRIAL MINERALS MINING MORATORIUM

The Board of Supervisors of Yucatan Township approves, enacts and ordains the following interim

ordinance:

WHEREAS:

1. Minnesota Statutes § 462.355, subd.4, authorizes a township board of supervisors to

approve, implement and enforce an interim ordinance or moratorium designed to prohibit a land use

activity for a period up to one year, during which time the township board of supervisors conducts a

study of the land use activity being prohibited.

2. Numerous township residents have voiced concern about the potential adverse impacts of

introducing a network of motorized vehicle recreational trails on private property in this township.

4. The Houston County board of commissioners recently accepted a petition from residents of

Houston County for environmental review of a proposed industrial minerals mining project located in

Yucatan Township.

5. The Houston County board of commissioners determined that such proposed industrial

minerals mining project located in Yucatan Township has “the potential for significant environmental

effects”.

6. This township has several existing small rock quarries and sand pits from which

“construction minerals” are excavated and mined.

7. This township values and derives benefits from the excavation and mining of “construction

minerals” from excavation and mining sites within this township.

8. The definition of “construction minerals” is natural common rock, stone, aggregate, gravel

and sand that is excavated, mined and produced for local construction purposes, including road

pavement, unpaved road gravel or cover, concrete, asphalt, bUilding and dimension stone, railroad

ballast, decorative stone, retaining walls, riprap, mortar sand, construction lime, agricultural lime and

bedding sand for livestock operations, sewer and septic systems and sand blasting. That definition

is contained in the North American Industry Classification System administered by the US Census

Agency as classification number 212321. That definition is also used by the Minnesota Department

of Natural Resources in its minerals classification.

9. The definition of “construction minerals” does not include silica sand or high quality quartz,

which are included within the definition of “industrial minerals”.

10. The definition of “industrial minerals” include all natural stone, silica sand, quartz, graphite,

diamonds, gemstones, kaolin, and other similar minerals used in industrial applications. That

definition is contained in the North American Industry Classification System administered by the US

census Agency as classification number 212322. That definition is also used by the Minnesota

Department of Natural Resources in its minerals classification.

11. Several counties and townships in southeastern Minnesota, including Houston County, have

recently adopted and implemented moratoria or interim ordinances to temporarily prohibit the

extraction and mining of “industrial minerals” to enable local government units to study the potential

impact of industrial minerals extraction and mining activity.

RESOLUTIONS

RESOLVED:

1. The Board of Supervisors is authorized to immediately begin conducting a study of industrial

minerals mining activity to determine its potential impact upon the public health, water quality and

quantity, traffic hazards, road repair and maintenance, compatibility with township land use vision

and environmental degradation.

2. The Board of Supervisors hereby creates and authorizes a planning commission to conduct a

stUdy of industrial minerals mining activity to determine its potential impact upon public health,

water quality and contamination, excessive water consumption, traffic hazards, road repair and

maintenance, property value deterioration, damage to nearby rivers and streams, the introduction of

large-scale industrial activity into agricultural and recreational areas, and environmental

degradation; and to make land use recommendations to this Board of Supervisors.

3. The Board of Supervisors will appoint residents of Yucatan Township to serve on the planning

commission, including one member of the Board of Supervisors.

4. The Yucatan Township Board of Supervisors approves an interim ordinance or moratorium

prohibiting all new and expanded industrial minerals mining and excavation activity within this

township for a period of one year, effective immediately.

5. During the period of this moratorium, no person or property owner will (i) mine or extract, or

allow other persons to mine or extract, from land located within this township any industrial minerals,

(ii) drill, or allow other persons to drill, any exploratory wells on land located within this township for

the purpose of determining the feasibility of mining or extracting any industrial minerals, or (iii) wash

or otherwise process, or allow other persons to wash or process, on land located within this township

any mined or extracted industrial minerals.

6. Persons or property owners engaged in the extraction and mining of “construction minerals”

are exempt and excluded from this moratorium or interim ordinance; provided that such persons or

property owners do not engage in the mining or extraction of “industrial minerals” during the period

of this moratorium or interim ordinance.

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7. The clerk of Yucatan Township is directed to (i) publish and give notice ofthis moratorium in the

authorized legal newspaper for this township, and (ii) give notice of this moratorium to the Houston

County Zoning Administrator.

8. The Board of Supervisors is authorized and empowered to enforce this moratorium through all

available legal means, including litigation if necessary.

9. Any person or property owner determined to be responsible for violating this moratorium will be

liable to Yucatan Township for all costs of this township enforcing this moratorium, including litigation

costs and reasonable attorneys fees.

10. This interim ordinance and moratorium will expire on September 10,2013, unless the Board of Supervisors terminates this interim ordinance and moratorium earlier than such expiration date.

YUCATAN TOWNSHIP BOARD OF SUPERVISORS:

/s/ Peter A. Orr

Supervisor, Chair

/s/ Randy Bronk

Supervisor

Dated: September 11, 2012

Attest:

/s/ Linda Griggs

Township Clerk

Publish 17

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