A. Each person, firm or corporation to whom a special use permit to mine is issued may engage in mining upon the lands described in the special use permit, subject to the following regulations:
1. The mining operations shall be conducted in compliance with the laws of the state and federal government especially as related to safety standards, and ordinances and resolutions of the county, as amended from time to time and in compliance with a furtherance of the approved reclamation plan for the land subject to the special use permit.
2. Clearing of the mining site shall include the moving of existing trees and shrubs to such locations as will provide screening as hereinafter provided whenever possible or as will conform to the plan for ultimate use of the property as shown on the reclamation plan to be submitted.
3. Maximum depth of excavation shall not be below existing ground water, except in such cases where the reclamation plan indicates that a lake or lakes will be part of the final use of the land or where such plan indicates that adequate fill from overburden is to be used to refill such excavation for conformance to the approved reclamation plan.
4. Adequate planting including native species and/or fencing shall be provided along all public roads adjacent to the property involved, sufficient to screen the operation from public view, as shown on approved reclamation and landscape plans and as approved by the county board in granting the special use permit.
5. Not more than one entrance and one exit from a roadway shall be provided to the area of operation. Such entrance shall be subject to approval by the highway department having jurisdiction of the roadway and shall preferably be located along a secondary roadway, and shall be located as to avoid the routing of vehicles to and from the mining operation over streets that primarily serve abutting residential development. If required by the highway department having jurisdiction, acceleration and deceleration strips shall be provided on either side of such entrance and exit, each not less than one hundred feet (100') in length, and shall be paved of such material as shall be required by the highway department having jurisdiction. Furthermore, a paved roadway from the entrance and exit, a distance of not less than three hundred feet (300') from the right of way line into the area of operation shall be provided in order to minimize the deposits of dirt and gravel from trucks onto the public roadway. Such pavement shall be in accordance with the specifications of the county highway department. Entrances and exits shall be provided with the gates to be securely locked during hours of operation.
6. Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to prevent spillage onto the public roadway. Hours of operation of transport vehicles shall be from six o'clock (6:00) A.M. to seven o'clock (7:00) P.M. from April 1 until November 1. During the balance of the year the operation of transport vehicles shall be restricted to six o'clock (6:00) A.M. to six o'clock (6:00) P.M. Hours may be extended during a public emergency during which sand, gravel or limestone is needed and upon the order of the county engineer or the enforcement officer. The county board members representing the district in which the mining operation is located shall be notified as soon as permission is granted for extended hours of operation.
7. Overburden shall not be removed in excess of the area to be mined within one year. Reclamation and landscaping plans shall be carried on as excavation progresses. Where ground cover or other planting is indicated on approved plans, such planting shall be made in areas where excavation is completed and land is not being used for material storage before further overburden is removed and in order to ensure reclamation and development as operations proceed.
8. Mining operations, not including maintenance of equipment used in the mining operation shall be conducted only during the hours of six o'clock (6:00) A.M. to six o'clock (6:00) P.M., except during a public emergency during which sand and gravel is needed and upon order of the county engineer or the enforcement officer. The county board members representing the district in which the mining operation is located shall be notified as soon as permission is granted for extended hours of operation.
9. No extraction operations shall be conducted in such a manner as to permanently lower the water table of surrounding inhabited properties.
10. Where required by the county board in granting a special use permit for a mining operation, to promote safety, a fence shall be erected which shall be of a nature and character to protect the general public from danger.
11. Weeds and other unsightly or noxious vegetation shall be cut or trimmed at least twice a year or as may be necessary to present a reasonably neat appearance and to prevent seeding on adjoining property.
12. Existing trees and ground cover along public roadway frontage shall be preserved, maintained, and supplemented for the depth of the required roadway setback.
13. Upon the completion of the operations, the land shall be left in a condition so that sufficient drainage is provided in order to prevent water pockets or undue erosion with all grading and drainage such that natural storm water leaves the entire property at the original, natural, drainage points and that the area drainage to any one such point is not increased. In the event the reclamation plan shall provide for the permanent establishment of a lake, the grading and drainage may be altered, but not in such a manner as to cause damage or inconvenience to surrounding or adjoining properties.
14. Graded or backfilled areas or banks in the cases of excavations made to water producing depth shall be covered with topsoil to a minimum average depth of six inches (6"). Such topsoil shall have a minimum of twenty five percent (25%) organic material except that no greater depth of topsoil or percentage of organic material shall be required than originally existing on the property prior to the commencement of mining operations.
15. Upon replacement of the topsoil, trees, shrubs, legumes, grasses or ground cover, native species if possible shall be planted in accordance with the approved landscape, soil erosion control and reclamation plan.
16. Whenever production on any property shall have been completed, all buildings, plants, structures (except fences) and equipment shall be entirely removed within six (6) months after such completion, unless same are to be used in connection with the reclamation project proposed or relative to the removal of stored materials. Any and all stockpiled materials shall be removed in not more than two (2) years following cessation of production and the area occupied by such stockpiled material, or materials, shall then be restored as provided for in the reclamation plan.
17. Whenever production on any property involves blasting such operation shall be in accordance with the Illinois department of mines and minerals regulations. In addition, these operations shall have a seismograph located on site available to calibrate ground disturbances in close proximity to the mining.
18. Concrete and asphalt may be stockpiled on the mining site for recycling purposes only. Recycling of these materials may only be conducted in conjunction with a licensed mining operation and in accordance with EPA applicable regulations. Concrete and asphalt to be recycled and their byproducts (such as, but not limited to, reinforcing bar and wire mesh), must be properly processed and disposed of at a minimum of once per year. All activity associated with concrete and asphalt recycling shall not be conducted closer than two hundred feet (200') from the boundaries of an adjoining property line. Maximum height of stockpiles shall not exceed berm heights as approved on the reclamation map, and/or exceed the height of excavation below grade. All recycled materials shall be certified as to origin and potential for ground water or surface water contamination. A settling basin shall be provided for all runoff generated from recycled materials and associated activities. A minimum one hundred foot (100') separation from any surface waters shall be provided from recycled materials and associated activities. (Ord. 06-05-002, 6-21-2005)