CHAPTER 17.28: INTERIM MATERIALS DISTRICT
Section
17.28.030 Interim materials district (IMD)
17.28.040 Required compliance with state and federal laws
17.28.050 Site development plan required
17.28.060 Site development standards
17.28.067 Reclamation standards
17.28.080 Procedures for initiating an interim materials district (IMD) [Repealed]
17.28.090 Districts designated
17.28.100 Variances [Repealed]
17.28.120 Flood damage prevention; application and procedures [Repealed]
17.28.200 Violations, enforcement, and penalties
17.28.210 Fees [Repealed]
17.28.010 INTENT AND PURPOSE.
(A) It is the intent of the Matanuska-Susitna Borough to recognize the value and importance of promoting the utilization of natural resources within its boundaries. The purpose of this chapter is to establish an interim materials district within the Matanuska-Susitna Borough to allow resource extraction activities as an interim use of land while promoting the public health, safety, order, prosperity, and general welfare of the Matanuska-Susitna Borough through regulation of land use to reduce the adverse impacts of land uses and development between and among properties. It is the further purpose of this chapter to promote compatible, orderly development. These purposes are accomplished by:
(1) designating areas for the extraction of earth materials important for the development of the Matanuska-Susitna Borough;
(2) enhancing the character and stability of residential, agricultural, business, commercial, and industrial areas, and promoting the orderly and beneficial development of such areas by the owner/permittee in a manner that will not devalue the extraction site or neighboring properties for future beneficial uses upon completion of gravel extraction;
(3) promoting diversified land use and economic opportunity;
(4) encouraging the most appropriate uses of land;
(5) enhancing the natural, manmade, and historical amenities of the Matanuska-Susitna Borough;
(6) recognizing and preserving traditional uses of land within the Matanuska-Susitna Borough; and
(7) protecting and enhancing the quality, peace, quiet and safety of the Matanuska-Susitna Borough neighborhoods.
(Ord. 05-123(SUB)(AM), § 2 (part), 2005)
17.28.020 APPLICABILITY.
(A) [Repealed by Ord. 16-102, § 2, 2016]
(B) This chapter does not apply within the cities of Houston, Palmer, or Wasilla, or the Port MacKenzie Special Use District.
(C) [Repealed by Ord. 16-102, § 2, 2016]
(D) This chapter shall not apply to earth material extraction activities on land owned by the state of Alaska that are in existence as of the date of adoption of the ordinance codified in this chapter except for such operations that extract materials within four feet of the water table. Where a site is exempt under this subsection, the exemption is revoked if operations proceed to within four feet of the water table.
(E) Annual extraction of greater than 2,000 cubic yards on any one parcel requires a permit in accordance with MSB 17.30.
(Ord. 16-102, § 2, 2016: Ord. 12-096, § 2, 2012; Ord. 11-153, § 2, 2011: Ord. 05-123(SUB)(AM), § 2 (part), 2005)
17.28.025 NONCONFORMING USES.
(A) At the date of adoption of the ordinance codified in this chapter, or amendments thereto, earth materials extraction activities which were in existence before the effective date of applicable regulations are permitted to continue subject to the provisions of this section.
(B) [Repealed by Ord. 11-153, § 3, 2011]
(C) [Repealed by Ord. 11-153, § 3, 2011]
(D) Operations with pre-existing legal nonconforming status shall comply with MSB 17.28.067(A) through (D).
(E) Pre-existing legal nonconforming operations where material extraction occurs below or within four feet of the seasonal high water table shall conduct operations in accordance with the requirements outlined in MSB 17.30.037(D), except that MSB 17.30.037(D)(8)(b) through (d) shall not apply.
(F) Nonconforming status shall expire if materials extraction or earth material processing activity ceases for longer than five years.
(Ord. 11-153, § 3, 2011: Ord. 05-123(SUB)(AM), § 2 (part), 2005)
17.28.030 INTERIM MATERIALS DISTRICT (IMD).
(A) The extraction of earth materials is an interim use of the land in the Matanuska-Susitna Borough. An interim materials district shall meet the site development standards specified in MSB 17.28.060, and be in compliance with other applicable regulations as shown in MSB 17.28.040.
(B) Allowed uses. The following principal uses are allowed in the interim materials district:
(1) removal of sand, gravel, rock, soil, peat moss, sphagnum, stone, pumice, cinders, clay or other minerals including but not limited to quarrying, extraction, and removal of unprocessed and processed materials to an off-site location; and
(2) processing of natural resources such as sand, gravel, rock, soil, peat moss, sphagnum, stone, pumice, cinders and clay or other minerals by screening, washing, crushing, grinding, milling, classification, storage, rail or truck loading, truck scaling, and sales.
(C) Accessory uses.
(1) agriculture;
(2) maintenance shops and storage buildings associated with the interim use;
(3) offices or buildings associated with sales and management of the interim use;
(4) batch plants and ancillary facilities associated with the interim use;
(5) recycling of other natural resources including recycled asphalt and concrete to be crushed;
(6) residential use solely for employee housing or security; and
(7) storage of equipment associated with materials extraction and construction.
(D) Material extraction below or within four vertical feet of the seasonal high water table requires an extraction permit in accordance with MSB 17.30.037.
(E) Prohibited uses. Uses not meeting the requirements of this section or not allowed as a conditional use are prohibited.
(Ord. 16-102, § 3, 2016; Ord. 11-153, §§ 4, 5, 6, 2011; Ord. 05-123(SUB) (AM), § 2 (part), 2005)
17.28.040 REQUIRED COMPLIANCE WITH STATE AND FEDERAL LAWS.
(A) All applicants for interim materials district designation are required to demonstrate compliance with state and federal law. Prior to final approval of the interim materials district, the applicant or agent shall provide written documentation of compliance with the following:
(1) mining license as required by the Alaska State Department of Revenue, pursuant to A.S. 42.65;
(2) mining permit as required by the Alaska State Department of Natural Resources (ADNR) if extraction activities are to take place on state land;
(3) reclamation plan as required by ADNR, pursuant to A.S. 27.19;
(4) notice of intent (NOI) for construction general permit or multi-sector general permit and storm water pollution prevention plan, and other associated permits or plans required by the Environmental Protection Agency (EPA) pursuant to the National Pollutant Discharge Elimination System (NPDES) requirements; and
(5) United States Army Corps of Engineers permit pursuant to Section 404 of the Clean Water Act, 33 U.S.C. 1344, if material extraction activity is to take place within wetlands, lakes and streams.
(B) In addition to the requirements in subsection (A) of this section, all activity shall be conducted in compliance with state or federal regulations governing the items listed below. Written documentation of compliance with these regulations is not required. Complaints received by the borough of violations of requirements within this section will be forwarded to the appropriate agency for enforcement.
(1) Air quality.
(a) EPA air quality control permit is required for asphalt plants and crushers.
(b) ADNR burn permit is required for brush or stump burning. Combustibles shall be stockpiled separate from noncombustibles, and burn permit requirements shall be followed.
(c) ADEC dust control and air quality regulations pertaining to burning activities shall be followed.
(2) Water quality.
(a) EPA and ADEC regulations controlling spills, spill reporting, storage and disposal of oil, anti-freeze, and hydrocarbons.
(3) Use and storage of hazardous materials, waste and explosives.
(a) EPA regulations controlling use of hazardous materials shall be followed; and
(b) Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (FBATFE) regulations shall be followed when storing or using explosives.
(C) Failure to comply with any of the requirements in subsections (A) and (B) of this section is a violation of the regulations of the interim materials district, and is subject to enforcement pursuant to MSB 17.28.200.
(Ord. 05-123(SUB)(AM), § 2 (part), 2005)
17.28.050 SITE DEVELOPMENT PLAN REQUIRED.
(A) The application for an earth materials extraction permit shall include a site development plan. The site development plan shall include, but not be limited to the following, as required by the conditions of the site, and shall be consistent with the standards in MSB 17.28.060:
(1) identification of surrounding property owners, existing land uses, and wetlands and waterbodies within the notification area;
(2) planned location of permanent and semipermanent structures for verification of setback requirements;
(3) proposed phases of mining activities;
(4) roads and access plan;
(5) visual screening measures;
(6) noise mitigation measures; and
(7) proposed lighting.
(Ord. 16-102, § 4, 2016; Ord. 05-123(SUB)(AM), § 2 (part), 2005)
17.28.060 SITE DEVELOPMENT STANDARDS.
(A) Standards for the earth materials extraction site development plan are as follows:
(1) identification of surrounding property owners, existing land uses, and wetlands and waterbodies within one-quarter mile of the site;
(2) phases of proposed mining activities including a map showing the area to be mined, a description of the topography and vegetation, approximate time sequence for mining at particular locations, and general anticipated location of semi-permanent equipment such as conveyor belts, crushers, dredges, batch plants, etc.;
(3) the road and access plan shall include anticipated routes and traffic volumes, and shall be approved by the director. If the level of activity exceeds the minimum levels specified in MSB 17.61.090, traffic standards, a traffic control plan consistent with state regulations may be required;
(a) road maintenance may be required of permittee;
(4) visual screening measures shall include a detailed description of the type of visual screening to be utilized, and shall be maintained as necessary during the course of extraction activities. Visual screening may include, but is not limited to, berms, natural vegetation, solid fences, walls, evergreen hedges or other means as approved by the commission. If mining is planned to be conducted within 300 feet of the property line, berms or other visual screening methods shall be a minimum of ten feet in height. If mining is planned to be conducted greater than 300 feet from the property line, the applicant shall utilize commission-approved screening methods to minimize visual impacts of the mining operation. The commission shall adopt policies and procedures to assist applicants in developing screening plans. In its discretion, the commission may waive screening requirements where the topography of the property or the placement of natural barriers makes screening not feasible or not necessary. Screening requirements shall be required in consideration of and in accordance with existing uses of adjacent property at the time of designation of the interim materials district. An interim materials district shall not be required to screen the district from uses which arise after the designation of the interim materials district;
(5) noise mitigation measures shall include a description of measures to be taken by the applicant to mitigate or lessen noise impacts to surrounding properties and shall include, but not be limited to, hours of operation of noise-producing equipment, erecting noise barriers (i.e., berms a minimum of ten feet in height) between noise-producing equipment and adjacent uses, location of noise-producing equipment (i.e., below grade in excavated pit areas), and measures to utilize equipment with noise reduction features.
(a) no sound resulting from the earth materials extraction activities shall create a sound level that exceeds the limits set forth for the existing receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use:
|
Receiving Land Use Category |
Time |
Sound Level Limit (dB(A)) |
|---|---|---|
|
Residential Use |
7 a.m. – 10 p.m. |
60 |
|
10 p.m. – 7 a.m. |
50 |
|
|
Commercial Use |
7 a.m. – 10 p.m. |
70 |
|
10 p.m. – 7 a.m. |
60 |
|
|
Industrial Use or Undeveloped Land |
At all times |
80 |
(b) [Repealed by Ord. 08-150, § 2, 2008]
(c) for any sound that is of short duration, between the hours of 7 a.m. and 7 p.m. the levels established in Table 1 may be increased by:
(i) five dB(A) for a total of 15 minutes in any one hour; or
(ii) ten dB(A) for a total of five minutes in any hour; or
(iii) fifteen dB(A) for a total of one and one-half minutes in any one-hour period.
(d) an interim materials district or a conditional use permit for earth materials extraction activities shall not be required to provide noise mitigation measures to mitigate or lessen noise impacts if a land use requiring lesser noise levels than for an industrial area arises on properties adjacent to earth materials extraction sites after the designation of the interim materials district or the effective date of the conditional use permit.
(6) lighting standards are:
(a) exterior lighting shall be located and shielded to direct the light towards the ground, in order to minimize light spillage onto adjacent properties and upward into the night sky.
(b) illumination or other fixtures mounted higher than 20 feet or 150 watts or more shall have downward directional shielding.
(7) Except as permitted by MSB 17.30.037, the following restrictions shall apply: an undisturbed buffer shall be left and no earth material extraction activities shall take place within 100 linear feet from a lake, river, stream, or other water body, including wetlands (unless permitted by U.S. Army Corps of Engineers 404 Permit, MSB 17.28.040(A)(5)). This regulation shall not apply to manmade water bodies being constructed during the course of the materials extraction activities.
(a) an undisturbed buffer shall be left and no earth material extraction activities shall take place within 100 linear feet from a lake, river, stream, or other water body, including wetlands (unless permitted by United States Army Corps of Engineers 404 Permit, MSB 17.28.040(A)(5)).
(b) a four-foot vertical separation between all excavation and the seasonal high water table shall be maintained.
(8) [Repealed by Ord. 11-153, § 9, 2011]
(Ord. 16-102, § 5, 2016; Ord. 12-064 § 2, 2012; Ord. 11-153, §§ 7, 8, 9, 2011; Ord. 08-150, § 2, 2008; Ord. 08-136, § 2, 2008; Ord. 08-017(AM), § 2, 2008; Ord. 05-123(SUB)(AM), § 2 (part), 2005)
17.28.063 RECLAMATION PLAN.
(A) A reclamation plan shall be submitted which clearly defines steps the applicant will take to restore and revegetate the site in accordance with the reclamation standards outlined in MSB 17.28.067. The reclamation plan shall include the following:
(1) an approximate times sequence for reclamation at particular locations.
(2) proof that reclamation financial assurance has been filed with the state of Alaska in accordance with AS 27.19.040 except:
(a) those operations which qualify for an exemption under AS 27.19.050 are exempt from this requirement.
(Ord. 11-153, § 10, 2011)
17.28.067 RECLAMATION STANDARDS.
(A) For all extraction operations permitted under this chapter, reclamation of each phase of operation shall be completed in accordance with this section within four growing seasons of a phase becoming complete.
(B) Reclamation is not required for those portions of mining phases that overlie subsequent phases.
(C) Junk vehicles, junk vehicle parts, and trash shall be removed in accordance with MSB 8.50;
(D) Slopes shall be graded to attain a maximum 50 percent slope or the natural stabilized angle of repose of the existing earth material:
(1) Site soils more susceptible to erosion or liquefaction require a slope adequate to ensure stabilization;
(2) Slopes shall be graded to blend with the surrounding undisturbed topography.
(E) Surface water quality shall be protected by implementing applicable best management practices described in the current publication of the State of Alaska’s User Manual Best Management Practices for Gravel Pits.
(F) All disturbed areas shall be covered with a minimum compaction depth of four inches of topsoil stripped and stockpiled during initial development activities. In cases where there is insufficient topsoil on site to provide this minimum coverage, all available topsoil shall be retained for reclamation.
(1) Natural substances and organic materials that have water and nutrient holding capacity conducive to plant growth may be used as a substitute for topsoil.
(G) All surface areas shall be stabilized and protected against erosion;
(1) A vegetative cover shall be established and maintained over all disturbed areas on the material extraction site in conformance with the current Alaska State Department of Natural Resources, Division of Agriculture, Revegetation Manual for Alaska. The current manual will be maintained at the borough planning department and shall be available on request.
(2) Sixty percent live plant cover of the entire restored area shall be achieved by the end of the fourth growing season after the phase is completed.
(H) Reseeding of reclaimed areas shall utilize certified seed suitable for Alaska conditions that is free of noxious weeds or undesirable plant species identified in 11 AAC 34.020, Prohibited and Restricted Noxious Weeds.
(I) Areas covered by buildings, paved driveways, paved roads, and paved parking lots and areas where future utility easements and septic systems will exist are exempt from the reclamation standards outlined in subsections (F) through (H) of this section.
(J) Standards for reclamation below the seasonal high water table upon completion of earth materials extraction are as follows:
(1) The first 20 feet of slope below the water table shall not exceed ten percent to create a benthic zone.
(2) The remaining slope within the water table shall not exceed the stabilized angle of repose.
(Ord. 11-153, § 11, 2011)
17.28.070 SETBACKS.
(A) A 25-foot setback is required from all property lines for structures, permanent or portable facilities, and equipment or material storage.
(Ord. 05-123(SUB)(AM), § 2 (part), 2005)
17.28.080 Procedures for Initiating an Interim Materials District (IMD). [Repealed by Ord. 16-102, § 6, 2016]
17.28.090 DISTRICTS DESIGNATED.
(A) The following districts are interim materials districts subject to the provisions of this chapter:
(1) Alaska Railroad Curry Quarry, within Township 29 North, Range 4 West, Sections 10 and 15, Seward Meridian, and more specifically described as:
|
Township 29 North, Range 4 West, Seward Meridian, Alaska |
|
|
Section 10 |
All that portion lying southeasterly of Denali State Park. |
|
Section 15 |
All |
(2) [Repealed by Ord. 11-133, § 14, 2011]
(3) Mile 78.3 Kashwitna, within Township 20 North, Range 4 West, Section 6, Seward Meridian, and more specifically described as:
|
Township 20 North, Range 4 West, Seward Meridian, Alaska |
|
|---|---|
|
Section 5 |
The S 1/2 of the NW 1/4, and the SW 1/4. |
|
Section 6 |
S 1/2 of the NE 1/4 and the SE 1/4, and Government Lots 1, 2, and 3, excluding (approximately 7.5 acres) the W 1/2 of the SW 1/4 of the SW 1/4 of the SE 1/4 and the W 1/2 of the E 1/2 of the SW 1/4 of the SW 1/4 of the SE 1/4. That portion of Lot 4 lying East of the Parks Highway. All of the E 1/2 of the SW 1/4 excepting therefrom the following: That portion of the E 1/2 of the SW 1/4, located between the centerline of the Alaska-Fairbanks Highway (now Parks Highway) and the West line of the Alaska Railroad right-of-way, and further excepting therefrom the following: That portion of the E 1/2 of the SW 1/4 lying west of the centerline of the Anchorage-Fairbanks Highway (now Parks Highway). Subject to existing easements, restrictions and reservations of record, if any. |
|
Township 21 North, Range 4 West, Seward Meridian, Alaska |
|
|
Section 31 |
SE 1/4. Lot 1, Birch Grove Subdivision, according to Plat No. 2011-79. |
(4) Alsop Pit: Tract 2 of the Point MacKenzie Subdivision, Phase 1, Plat No. 2008-68 comprising 30.47 acres more or less; and:
That portion of Tract A-1-A Alaska State Cadastral Survey Plat 89-59 Palmer Recording District lying:
-northerly of a line that is parallel to and 1250.00' southerly of the north line of said Tract A-1-A, and;
-westerly of a line that is parallel to, concentric with, and 100.00' westerly of the west line of the W. Point MacKenzie Road Right-of-Way, said west Right-of-Way line being 75' westerly of the centerline of W. Point MacKenzie Road.
Said portion of Tract A-1-A comprising 45.14 acres, more or less.
(5) [Expired]
(6) Kopczenski Pit, Mile 81.8 Parks Highway, within Township 21 North, Range 4 West, Section 19, Seward Meridian, and more specifically described as:
The East one-half (1/2) of the Northeast One-Quarter (1/4) of Section 19, Township 21 North, Range 4 West, Seward Meridian.
(7) Seven Mile Ridge, within Township 16 North, Range 4 West, Section 27, Seward Meridian, and more specifically described as:
The Northeast One-Quarter (1/4) of the Northwest one-quarter (1/4) of Section 27, Township 16 North, Range 4 West, Seward Meridian.
(8) Mass Excavation, within Township 17 North, Range 2 East, Section 18, Seward Meridian, and more specifically described as:
The Southwest 1/4 of the Southeast 1/4, Section 18, Township 17 North, Range 2 East, of the Seward Meridian containing 40 acres more or less, and from the Southeast corner of the Northeast 1/4, of Southwest 1/4, Section 18, Township 17 North, Range 2 East, thence North 52.2 feet to a point which is designated as Corner Number 1 or POINT OF BEGINNING being 100 feet from center of Alaska Railroad right-of-way; thence South 859.5 feet; thence West 659.2 feet to a point 100 feet from center of Alaska Railroad right-of-way; thence following Alaska Railroad right-of-way in a Northeasterly direction to Corner Number 1 or POINT OF BEGINNING, containing 6.44 acres more or less, as is.
(9) Section 9 Pit, within Township 15 North, Range 4 West, Seward Meridian, Section 9: Tract A, 294.04 acres, more or less, plus the bed of a 25.76 acre lake, aggregating 319.80 acres, more or less. According to the Amended Alaska State Cadastral Survey Plat recorded in the Palmer Recording District on December 14, 1989, as Plat 89-59.
(10) Dirtworks, within Township 17 North, Range 2 East, Section 26, and more specifically described as:
The Southwest one-quarter of the Southwest one-quarter, Section 26, Township 17 North, Range 2 East, Seward Meridian.
(11) Alsop East Pit, within Township 15 North, Range 4 West, Seward Meridian, Section 27: south one-half south one-half containing 160 acres, more or less, according to the Point Mack Subdivision, Phase I, Tracts 1 through 3 and Tract A, recorded in the Palmer Recording District on August 28, 2008, as Plat 2008-68. Excluding: a setback 300 feet in width from Alsop Road, pursuant to the Natural Resource Management Unit Plan. A setback 100 feet in width around any wetlands or water bodies, pursuant to the Natural Resource Management Unit Plan. A setback 100 feet in width along the west, south, and east boundaries of the south one-half south one-half Section 27, pursuant to the Natural Resource Management Plan. A utility right-of-way 300 feet in width along the east boundary of the south one-half southwest one-quarter, located in the Palmer Recording District, Third Judicial District, state of Alaska.
(12) Central Landfill, Township 17 North, Range 01 East, Seward Meridian, Alaska, Section 1: south 1/2 southwest 1/4, northeast 1/4 southwest 1/4, containing 120 acres, more or less. A portion of the described Parcel No. 2 on waiver resolution approved and adopted by the Matanuska-Susitna Borough Platting Board on October 16, 1986, as Plat 87-6W.
(13) Denali Highway Mile 99, Township 19 South, Range 2 West, Section 10: That portion of the southeast 1/4 lying south of the Denali Highway and Section 15: That portion of the north 1/2 northeast 1/4 lying south of the Denali Highway, Fairbanks Meridian.
(Ord. 16-113, § 2, 2016; Ord. 16-090, § 2, 2016; Ord. 16-037, § 2, 2016; Ord. 15-112, § 2, 2015; Ord. 14-109, § 2, 2014; Ord. 14-106, § 2, 2014; Ord. 13-128, § 2, 2013; Ord. 12-132, § 2, 2012; Ord. 12-115, § 2, 2012; Ord. 11-133, § 14, 2011; Ord. 11-119, § 2, 2011; Ord. 11-038, § 2, 2011; Ord. 09-120, § 7, 2009; Ord. 08-038, § 2, 2008; Ord. 07-077, § 2, 2007)
17.28.100 Variances. [Repealed by Ord. 16-102, § 7, 2016)
17.28.120 Flood Damage Prevention; Application and Procedures. [Repealed by Ord. 16-102, § 8, 2016]
17.28.200 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
(A) Unless specified otherwise, any violation of this chapter is an infraction.
(B) Enforcement of the provisions of this chapter and associated penalties shall be consistent with the terms and conditions of MSB 1.45.
(Ord. 05-123(SUB)(AM), § 2 (part), 2005)