(1) Introduction: Prior to any mining or quarrying on a property, the owner/operator shall submit an application for a mining/quarry permit to the division of engineering. The application shall conform to the requirements as defined herein in subsection (2) of this section. No application shall be deemed to be valid until all requirements as described herein are completed. The division of engineering shall process the application. Where new and/or expanded uses are requested, the board of adjustment may impose specific requirements and/or conditions relating to plans for such an operation as defined in the zoning ordinance. Upon approval by the board, the division of engineering may approve the permit application.
Upon any change to the operation as defined in section 8-3(3), the owner/operator shall submit a reapplication as required by subsection (3) of this section.
The owner/operator shall annually submit a permit renewal as defined herein in subsection (4) of this section.
Existing operations shall submit a complete permit application within six (6) months of the effective date of this chapter [December 12, 1991].
(2) Application: The application shall include the common name and geologic title of the mineral to be extracted and the following:
(a) Vicinity map: A vicinity map using the LFUCG unified base mapping scale of 1 inch equals 2000/4000 feet.
(i) The map shall at least show the area within a two-mile radius of the boundary of the proposed site.
(ii) The map shall indicate the following: Historical and archaeological sites; public facilities such as parks, schools, churches, cemeteries, fire stations and government offices; and environmentally sensitive and geologic hazard areas as defined by the land subdivision regulations, natural areas, scenic easements, and natural preserves as defined by KRS 146.415 and the greenspace ordinance [section 2-326 et seq.], and the boundary of the proposed site shall be shown.
(iii) The map shall indicate the notification area as defined by the zoning ordinance.
(b) Existing condition map: The existing condition map of the site shall use the LFUCG unified base mapping. The map shall be on a minimum scale of one (1) inch equals two hundred (200) feet and a reduced scale to match the appropriate LFUCG's unified mapping program. The map shall indicate the following:
(i) The total boundary and area of the property owned or leased by the applicant;
(ii) All public and private rights-of-way and easements of record on or abutting the property with the existing right-of-way width and type of pavement shown;
(iii) Existing contours shown with intervals sufficient to show existing drainage courses, retention and storm water retention basins, sedimentation basins, septic tanks, and drainage structures; the names and location of all streams, creeks, or other bodies of water within five hundred (500) feet;
(iv) All existing structures and types of structures on the property including roads and parking lots;
(v) Location, size and content of all existing aboveground and underground storage tanks;
(vi) All existing structures and types of structures on adjacent property(s) which are within three hundred (300) feet of the common property line.
(vii) All groundwater and surface water monitoring locations and any existing wells; and
(viii) All roads within one hundred (100) feet of the property.
(c) Mining/quarrying plan(s): The proposed mining/quarrying plan(s) shall use the LFUCG unified base mapping. The plan shall be on a minimum scale of one (1) inch equals two hundred (200) feet and a reduced scale to match the appropriate LFUCG's unified mapping program. The plan shall include the following:
(i) The total boundary an area of the property owned or leased by the applicant(s) showing proposed area to be quarried or mined;
(ii) Any proposed new or modified rights-of-way or easements on or abutting the property;
(iii) Proposed contours shown with intervals sufficient to show all proposed drainage courses, relocations, channel changes, diversions, retention and storm water retention basins, sedimentation basins, septic tanks, and drainage structures; drainage plan(s) away from the area of land affected shall include the directional flow of water, constructed drainways, natural waterways used for drainage and the streams or tributaries receiving the discharge;
(iv) All existing structures to be removed and proposed temporary structures, including the roads and processing plants, and other proposed structures of a permanent nature, including the scales, roads and parking lots;
(v) General layout of proposed development showing proposed limits and elevations of excavation including location of the typical cross-section;
(vi) Location, dimension and description of proposed buffer strips, screening, fencing, embankments and stockpiles;
(vii) Underground operations shall indicate the location of mining boundary, ventilation shafts and pillar layout;
(viii) Location, size and content of all proposed aboveground and underground storage tanks;
(ix) Location of all proposed explosives storage facilities;
(x) Location of all proposed hazardous materials storage facilities; and
(xi) Location of any property boundary buffer.
(d) Reclamation plan: The reclamation plan shall use the LFUCG unified base mapping. The plan shall be on a minimum scale of one (1) inch equals two hundred (200) feet and a reduced scale to match the appropriate LFUCG's unified mapping program. The reclamation plan shall indicate the following:
(i) The total boundary and area of the property owned or leased by the applicant;
(ii) Proposed final contours shown with intervals sufficient to show final drainage courses, permanent retention and storm water retention basins, sedimentation basins, septic tanks, and drainage structures;
(iii) All permanent structures, including roads, scales and parking lots, which will remain on the property;
(iv) General layout and grade of final reclamation;
(v) Proposed vegetation plan;
(vi) Location and description of portal and shaft closures; and
(vii) Location and boundaries of any permanent impoundment(s).
(e) Operations description: A written description of the proposed operations addressing each of the following:
(i) Method of mining/quarrying and processing;
(ii) Estimated life of operation and reserves;
(iii) Hours of operation;
(iv) Dust control;
(v) Noise control;
(vi) Equipment storage;
(vii) Maintenance areas;
(viii) Topsoil control;
(ix) Erosion control;
(x) Existing geohydrology, including groundwater levels;
(xi) Water pollution control methods of surface water and groundwater;
(xii) Shipping and delivery spillage control;
(xiii) Blasting timetable and method;
(xiv) Disposal control for all solid wastes generated by operation;
(xv) Subsidence control, including roof support factor of safety calculation; and
(xvi) Overburden and stockpile control.
(f) Reclamation description: A written description, including sketches of the proposed site reclamation, addressing each of the following:
(i) Reclamation sequence, including time frame for all land estimated to be affected by the operation;
(ii) Proposed subsequent or ultimate land use after reclamation is completed;
(iii) Portal closures methods;
(iv) Surface grading, including final drainage plans utilizing the LFUCG Drainage Manual;
(v) Final groundwater elevation;
(vi) Revegetation techniques, including plant species, seeding rates, tree species, and size; and
(vii) Specific reclamation/revegetation techniques for coping with critical areas such as steep slopes, high drainage flow, or poor soil conditions.
(g) Transportation plan: A transportation plan shall be planned in relationship to the arterial roadway system to minimize the impact of traffic, dust and vehicle noise on areas outside the mining/quarrying site and shall include the following information:
(i) Product shipping:
a. Mode of transportation;
b. Route(s) to and from site;
c. Schedule and frequency of shipments;
d. Accident rate of mode and route(s);
(ii) Operational deliveries:
a. Route(s) to and from site;
b. Mode of transportation; and
c. Schedule and frequency of shipments.
(h) Prior permits: The owner/operator shall list mining/quarrying permits of any type issued under the laws of this state or any other state, or federal government which have been revoked or have had a mining or other bond, or security deposited in lieu of bond, forfeited within five (5) years prior to the date of application.
(i) Signatures: The application shall list the name(s) and address(es) of the surface owner(s) of the property described in the application. When the application is for a surface quarry, the surface owner shall be notified at the property address. The application shall list the name(s) and address(es) and be signed by the owner(s) of the mineral to be extracted. Where the operator is other than the owner, the application shall list the name(s) and address(es) of the operator(s). The operator(s) shall also sign the application. All signatories shall agree to all conditions and/or restrictions of any development plan or other restrictions placed upon the property.
(3) Reapplication: The reapplication shall include the following:
(a) Vicinity map: A vicinity map shall be submitted utilizing the criteria in subsection (2) of this section with all changes or modifications indicated.
(b) Existing condition map: An existing condition map shall be submitted utilizing the criteria in subsection (2) of this section with all changes or modifications indicated.
(c) Mining/quarrying plan(s): The proposed mining/quarrying plan(s) shall use the LFUCG unified base mapping. The plan shall be on a minimum scale of one (1) inch equals two hundred (200) feet and a reduced scale to match the appropriate LFUCG's unified mapping program. The plan shall include the following:
(i) The total boundary and area of the property owned or leased by the applicant showing proposed area to be quarried or mined;
(ii) Any proposed new or modified rights-of-way or easements on or abutting the property;
(iii) Proposed contours shown with intervals sufficient to show all proposed drainage courses, relocations, channel changes, diversions, retention and storm water retention basins, sedimentation basins, septic tanks, and drainage structures;
(iv) All existing structures to be removed and proposed temporary structures, including the roads and crushing plant, and other proposed structures of a permanent nature, including the scales, roads and parking lots;
(v) General layout of proposed development showing proposed limits and elevations of excavation, including location of the typical cross-section;
(vi) Location, dimension and description of proposed buffer strips, screening, fencing, embankments and stockpiles;
(vii) Underground operations shall indicate the location of mining boundary, ventilation shafts and pillar layout;
(viii) Location, size and content of all proposed aboveground and underground storage tanks;
(ix) Location of all proposed explosives storage facilities;
(x) Location of all proposed hazardous materials storage facilities;
(xi) Location of any property boundary buffer; and
(xii) All changes from previous plans shall be indicated.
(d) Reclamation plan: The reclamation plan shall use the LFUCG unified base mapping. The plan shall be on a minimum scale of one (1) inch equals two hundred (200) feet and a reduced scale to match the appropriate LFUCG's unified mapping program. The reclamation plan shall indicate the following:
(i) The total boundary and area of the property owned or leased by the applicant;
(ii) Proposed final contours shown with intervals sufficient to show final drainage courses, permanent retention and storm water retention basins, sedimentation basins, septic tanks, and drainage structures;
(iii) All permanent structures, including roads, scales and parking lots, which will remain on the property;
(iv) General layout and grade of final reclamation;
(v) Proposed vegetation plan;
(vi) Location and description of portal and shaft closures; and
(vii) Location and boundaries of any permanent impoundment(s).
(e) Operations description: A written description of any proposed changes for operation addressing each of the following:
(i) Method of mining/quarrying and processing;
(ii) Estimated life of operation and reserves;
(iii) Hours of operation;
(iv) Dust control;
(v) Noise control;
(vi) Equipment storage;
(vii) Maintenance areas;
(viii) Topsoil control;
(ix) Erosion control;
(x) Existing geohydrology, including groundwater levels;
(xi) Water pollution control methods of surface water and groundwater;
(xii) Shipping and delivery spillage control;
(xiii) Blasting timetable and method;
(xiv) Disposal control for all solid wastes generated by operation;
(xv) Subsidence control, including roof support factor of safety calculation; and
(xvi) Overburden and stockpile control.
(f) Reclamation description: A written description of any proposed changes to the site reclamation addressing each of the following:
(i) Reclamation sequence, including time frame for all land estimated to be affected by the operation;
(ii) Proposed subsequent or ultimate land use after reclamation is completed;
(iii) Portal closures methods;
(iv) Surface grading, including final drainage plans utilizing the LFUCG Drainage Manual;
(v) Final groundwater elevation;
(vi) Revegetation techniques, including plant species, seeding rates, tree species, and size; and
(vii) Specific reclamation/revegetation techniques for coping with critical areas such as steep slopes, high drainage flow, or pool soil conditions.
(g) Transportation plan: A transportation plan shall be modified to include any changes as defined in subsection (2)(g) of this section.
(h) Prior permits: The owner/operator shall list mining/quarrying permits of any type issued under the laws of this state or any other state, or Federal government which have been revoked or have had a mining or other bond, or security deposited in lieu of bond, forfeited.
(i) Signatures: The reapplication shall list the name(s) and address(es) of the surface owner(s) of the property described fin the reapplication. When the reapplication is for a surface quarry, the surface owner shall be notified at the property address. The reapplication shall list the name(s) and address(es) and be signed by the owner(s) of the mineral to be extracted. Where the operator is other than the owner, the application shall list the name(s) and address(es) of the operator(s). The operator(s) shall also sign the application. All signatories shall agree to all conditions and/or restrictions of any development plan or other restrictions placed upon the property.
(4) Permit Issuance:
(a) The division of engineering shall issue a nontransferable mining/quarrying permit following the approval of the application and written confirmation that the bond has been posted as defined in section 8-5. Board approval shall be required for new or expanded uses. Beginning on January 1, 2013, the division of engineering shall procure payment for a permit fee based upon the total of the costs incurred by the urban county government in performing the annual inspections required in section 8-8 the previous year. The fee shall be assessed on a per acre basis for the land to be affected in the next ensuing year. Such fees shall include the costs of retaining any necessary consultants by the government. The annual fee schedule including the calculation shall be made available to the operator upon request. All fees must be in the form of cash, cashiers check, certified check, or company check. In the event that the actual costs incurred by the government in performing inspections exceeds the above fee, the operator shall be responsible for payment of the difference in cost upon presentation of an invoice or bill by the government. If the actual costs incurred by the government in performing the inspections are less than the above fee, the government shall remit the difference in cost to the operator.
(b) Where one operator succeeds another at any uncompleted operation, whether by sale, assignment, lease, merger or otherwise, no fee, or any portion thereof, paid by the first operator shall be returned to either operator.
(c) The permit when issued shall be in printed form and shall be kept posted at a conspicuous place near the main entrance to the mine or quarry in a manner consistent with article 17 of the zoning ordinance.
(d) The permit shall not be transferred unless approved through reapplication process set forth in subsection (3) of this section.
(e) Where a conditional use permit is required, none is valid until all necessary permits and/or licenses of compliance from local, state and federal agencies having jurisdiction are submitted. The board may accept a letter of good standing or intent or permit by rule in lieu of actual permit(s) or license(s) for a period of sixty (60) days.
(5) Permit Renewal: Renewal permits are valid for one (1) year and shall be renewed annually to be valid. An application for renewal shall be submitted prior to the expiration of the previous permit.
(a) Within forty-five (45) days after January 1 each year, the owner, operator or lessee of each mine or quarry shall procure from the division of engineering a permit to operate such a mine or quarry; and such permit shall not be transferable.
(b) The permit shall be automatically renewed provided all conditions, provisions and restrictions of the permit(s) are in compliance with all federal, state and local requirements, regulations and conditions.
(c) Request for additional bond may be made at time of renewal. If at renewal time bond is considered to be less than required coverage, notification shall be made in writing from the division of engineering to the operator stating the amount required. The operator shall have thirty (30) days from the date of notification to submit the required bond or appeal the decision of engineering before the board on the issue of additional bond.
(d) Renewal fee in the amount of eighteen dollars ($18.00) an acre for previous acres disturbed plus estimated additional acres to be disturbed in the next twelve (12) months must accompany the updated plans and maps. All updated plan(s) and map(s) as described herein must be received by the anniversary date or the permit shall expire.
(e) The division of engineering shall act to approve or deny the renewal application within twenty (20) working days of receipt of a complete renewal application.
(f) The applicant shall list whether any federal, state or local authority has cited or fined the mining/quarrying operation at that site.
(Ord. No. 252-91, § 1, 12-12-91; Ord. No. 127-2012, §§ 1—6, 10-11-12)