(A) Size. An extraction site under this section shall consist of at least ten acres unless contiguous to existing permitted mining operation.
(B) Distance. Operation shall not be conducted within:
(1) Fifty feet of an existing street or highway;
(2) Thirty feet of the right-of-way of an existing public utility;
(3) Fifty feet of the boundary of any zone where such operations are not permitted; or
(4) Thirty feet of the boundary of an adjoining property not in mining use.
(C) Fencing. During operations, any area where collections of water are one and one-half feet in depth or more or where excavation slopes are steeper than one foot vertical to one and one-half feet horizontal and any other areas where an obvious danger to the public exists shall be fenced when such a situation has existed or will exist for a period of five working days or longer.
(D) Appearance and screening.
(1) Machinery shall be kept in good repair and painted regularly.
(2) Abandoned machinery and rubbish shall be removed from the site regularly.
(3) All structures that have not been used for a period of one year shall be removed from the site.
(4) All equipment and temporary structures shall be removed and dismantled not later than six months after termination of mining operation or expiration of this permit.
(5) Where practical, stockpiles of overburden and materials shall be used to screen the mining site.
(6) Where practical, the perimeter of the mining site shall be planted or otherwise screened.
(7) Existing tree and ground cover shall be preserved to the extent feasible, maintained and supplemented by selective cutting, transplanting, and replanting of trees, shrubs, and other ground cover along all setback areas.
(E) Operating standards.
(1) Noise. The maximum noise level at the perimeter of the site shall be within the limits set by the State Pollution Control Agency and the Environmental Protection Agency of the United States.
(2) Explosives. The use and handling of explosives shall be coordinated with the Police Department. Blasting shall occur only at hours specified in the permit and at no other time.
(3) Air quality. Dust operators shall utilize all practical means to reduce the amount of dust caused by the operation. In no case shall the amount of dust or other particulate matter exceed the standards established by the State Pollution Control Agency.
(4) Water pollution. Operators shall comply with all applicable State Pollution Control Agency regulations and Federal Environmental Protection Agency regulations for the protection of water quality. No waste products or process residue, including untreated wash water, shall be deposited in any lake, stream, or natural drainage system, except that lakes or ponds wholly contained within the extraction site may be so utilized.
(5) Top soil preservation. All topsoil shall be retained at the site until complete rehabilitation of the site has taken place according to the rehabilitation plan.
(F) Rehabilitation standards.
(1) Generally. Rehabilitation shall be a continuing operation occurring as quickly as possible after the mining operation has moved sufficiently into another part of the excavation site.
(2) Slopes. All banks and slopes shall be left in accordance with the rehabilitation plan submitted with the permit application. No rehabilitation slopes shall be steeper than four feet horizontal to one foot vertical, except that steeper slopes may be permitted in accordance with the rehabilitation plan when the slopes are planned for slope-related usages, for example, ski and sliding hills.
(3) Cover and planting. Slopes and graded and backfilled areas shall be surfaced with at least three inches of topsoil and planted with ground cover sufficient to hold the soil. Such ground cover shall be tended as necessary until it is self-sustained.
(4) Slopes to water bodies. No slope descending to a water body shall exceed one foot vertical to four feet horizontal, except that steeper slopes may be permitted in accordance with the rehabilitation plan when human or property safety is not endangered.
(5) Water bodies. All water areas resulting from excavation shall be rehabilitated as follows:
(a) The bottom contour must be gradually sloping from the shoreline to the deepest portion; and
(b) The water depth in the deepest portions must not be less than five feet measured from the low water mark.
(6) Final elevation. No part of the rehabilitated area which is planned for utilization for uses other than open space or agriculture shall be at an elevation lower than the minimum required for gravity connection to sanitary and storm sewer.
(Prior Code, § 13.35)