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<br />City of Elk River <br /> <br />Sec. 30-802. Excavation, grading and filling. <br />(a) Definitions. The definitions in section 30-1 are applicable in this section. <br />(b) Permit required; exceptions. An excavation, grading and filling permit shall be <br />required for all excavation, grading, and filling activities located on a site. An excavation, <br />grading and filling permit shall not be required for any of the following: <br />(1) Excavation, grading and filling necessary for approved development plans and the <br />construction of structures, sewage treatment systems, and driveways under validly issued <br />permits for these facilities do not require the issuance of a separate excavation, grading, <br />and filling permit. However, the excavation, grading and filling standards in this section <br />shall be incorporated into the issuance of permits for development plans and for <br />construction of structures, sewage treatment systems, and driveways. <br />(2) A permit is not required for incidental excavation, grading or filling for landscaping <br />projects, including but not limited to spreading black dirt three inches to four inches in <br />depth for seeding and sodding purposes and decorative rock gardens. <br />(c) Standards. The following standards shall apply to all excavation, grading and filling <br />operations within the provisions of this section: <br />(1) Noise. Maximum noise level at the excavation, grading, or filling site shall comply <br />with the limits or standards established by the state pollution control agency and the <br />United States Environmental Protection Agency. <br />(2) Hours of operation. All excavation, grading and filling operations shall be <br />conducted between 7:00 a.m. and 7:00 p.m., Monday through Saturday only. The council <br />may restrict excavation processing or related operations on legal holidays if such <br />activities cause noise or other disturbances to adjacent property owners. <br />(3) Duration of project. If the work described in any excavation, grading and filling <br />permit is not substantially completed within 180 days following the date of issuance <br />thereof, the permit shall expire and become void. Written notice thereof shall be <br />transmitted by the building and zoning administrator to the permit holder, stating that the <br />activity authorized by the expired permit shall cease unless and until a new excavation, <br />grading, and filling permit has been obtained. <br />(4) Slopes. Slopes during and after excavation, grading and filling shall conform with <br />the following: During the entire period of the project, all excavatioo, grading, or filling <br />shall be sloped on all sides to a maximum ratio of four feet horizontal to one foot vertical <br />unless a steeper slope is approved by the city. <br />(5) Erosion control. Sloped areas shall be surfaced with at least three inches of topsoil <br />and planted with ground cover sufficient to contain the soil. Such ground cover shall be <br />tended as necessary until it is self-sustaining. Methods to trap sediments before they <br />reach any surface water feature shall also be used. <br />(6) Drainage. All excavation, grading, and filling activities shall not disrupt the overall <br />drainage patterns for the parcel on which the activity takes place and surrounding <br />parcels. <br />(7) State requirements for work in wetlands. Any excavation, grading and filling in a <br />wetland must meet the requirements of Minn. Stats. SS 103F.6l2--103F.616. <br />(d) Conditional use permit required for certain projects. Any wetland excavation, <br />grading, or filling project where the wetland encompasses more than one parcel shall <br />