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§ 42-71 <br />DIVISION 3. STANDARDS AND <br />REQUIREMENTS <br />Subdivision I. In General <br />Sec. 42-71. Scope of division. <br />ELK RIVER CODE <br />Sec. 42-76. Fencing. <br />During extraction operations, access to any <br />area where collections of water are 1~/z feet in <br />depth or more, or where extraction slopes are <br />steeper than one foot vertical to 1~1z feet horizon- <br />tal, and any other areas where obvious danger to <br />the public exists shall be controlled by a four-foot- <br />tall fence with support posts spaced every ten <br />feet. <br />(Code 1982, § 720.10(3)) <br />The provisions of this division apply to extrac- <br />tion operations for which a license and condi- <br />tionaluse permit aze required by the provisions of <br />this article. <br />(Code 1982, § 720.10) <br />Sec. 42-72. Authority to waive requirements <br />or impose additional require- <br />ments. <br />The council, at the time of issuance of an <br />extraction license, may waive or modify any of the <br />provisions in this division or impose additional <br />requirements if it finds that the plan of operation <br />or other materials submitted with the application <br />or other factors make other measures more suit- <br />able for standards consistent with the public <br />health, safety and welfare. <br />(Code 1982, § 720.10(5)(II)) <br />Sec. 42-73. Boundaries of operation. <br />Extraction operations shall be conducted within <br />the confines of the extraction site described in the <br />application. <br />(Code 1982, § 720.10(1)) <br />Sec. 42-74. Prohibited areas. <br />Extraction operations shall not be conducted <br />within the following: <br />(1) Five feet of the right-of--way of an existing <br />public utility, <br />(2) Fifty feet of the boundary of any zone <br />where such extraction operations are not <br />permitted. <br />(3) Thirty feet of the boundary of an adjoin- <br />ing property which is not being used for <br />extraction operations. <br />(Code 1982, § 72010(2)) <br />Sec. 42-76. Site appearance and screening, <br />duties on termination of opera- <br />tions. <br />(a) All machinery shall be kept operational. <br />(b) Abandoned machinery and rubbish shall be <br />periodically removed from the extraction site. <br />(c) Within three months after the termination <br />of extraction operations or within three months <br />after the expiration of the extraction license pro- <br />vided far in this article, the applicant or owner <br />shall dismantle buildings and structures inciden- <br />tal to extraction operations and shall grade the <br />extraction site as well as complete all rehabilita- <br />tion on the site as provided by the rehabilitation <br />plan. <br />(d) When required, the perimeter of the extrac- <br />tion site shall be planted or otherwise screened. <br />(e) Existing trees and ground cover shall be <br />preserved to the maximum extent feasible, main- <br />tained or supplemented by selective cutting, trans- <br />plantingand replanting of trees, shrubs and other <br />ground cover along all setback areas. <br />(Code 1982, § 720.10(4)) <br />Sec. 42-77. Rehabilitation of site. <br />(a) Requi»ed. Rehabilitation shall be a continu- <br />ing process occurring as quickly as possible after <br />the extraction operation has moved into another <br />part of the extraction site. <br />(b) Rehabilitation of slopes. A.ll banks and slopes <br />shall be rehabilitated in accordance with the <br />rehabilitation plan submitted with the extraction <br />license application. No rehabilitation slope shall <br />be steeper than four feet horizontal to one foot <br />vertical, except that steeper slopes may be per- <br />CD42:6 <br />