The conduct of mining/quarrying and the handling of refuse and mining wastes shall be done in such a way as to eliminate adverse effects and to protect the adjoining landowners and those in the area from damage. Development and operation of the mining/quarrying site shall be in accordance with all federal, state, and local laws and regulations. Portals, stockpiles and processing facilities associated with underground mining shall only be located in a zone(s) which permits such uses as defined in the zoning ordinance. In the event of conflict in the standards, the stricter or higher standard shall apply. They shall meet the following standards:
(1) Noise: The approved facility shall be operated at all times in compliance with applicable federal, state and local laws and regulations relating to noise.
(2) Air Quality: The approved facility shall be operated at all times in compliance with applicable federal, state and local laws and regulations pertaining to air pollution.
(3) Water Quality: The approved facility shall be operated at all times in compliance with applicable federal, state, and local laws and regulations pertaining to water quality.
(a) Natural drainageways: Alterations and relocations of natural drainageways as shown on the operation/reclamation as shown on the operation/reclamation plan(s) will be permitted if the natural drainageway will not be blocked and if no damage results to the natural drainageway or to adjoining landowners.
(b) Stream crossings: Bridge or culvert structures shall be required in order to cross a stream channel. Such structures shall be constructed so as not to restrict the flow of the stream, i.e., the bridge or culvert(s) shall be of adequate size to permit stream flow throughout the seasonal periods during the life of the surface mine permit.
(c) Filter strips: A protective strip of undisturbed forested or grassed area at least fifty (50) feet wide measured on the slope should be provided between any disturbed area and stream to reduce the sediment load of the stream. Where a grassed or forested area is not feasible, a silt fence, fabric filter or other approved method shall be installed.
(d) Water impoundments: Plans for water impoundments shall be approved by the division of engineering.
(4) Drainage and Sediment Erosion Control: All mining operations shall have adequate drainage, erosion, and sediment control measures incorporated in the mining/quarrying plan and/or reclamation plan and installed in accordance with the plan(s) and/or accepted standards of the division of engineering. If in the event adequate drainage, erosion and sediment control cannot be provided, surface mine permits may be denied.
The operator shall have certified to the division of engineering by a registered professional engineer that the sediment ponds, water impoundments, and diversions have been constructed in accordance with the approved plan(s).
(a) Natural drainways: Natural drainways in the area of land affected by the operation shall be kept free from overburden. Such drainways shall be identified on the existing condition map. If in the operation it is necessary to cross such a drainway, proper drainage structures shall be provided according to division of engineering standards. Sufficient water retarding structures and silt dams constructed to the approval of the division of engineering shall be placed in all natural drainways on every operation before the work begins. The proposed location of such dams and structures shall be indicated on the mining/quarrying plan. The drainage manual shall be used as the standard to be applied.
(b) Sediment basins: Disturbed areas that are not adequately controlled by acceptable erosion and sediment control measures or mining methods which incorporate sediment control shall have sediment basins installed on drainageways from all proposed disturbed areas. Sediment basins shall be located as close to the disturbed area as possible. Sediment basins shall not be located in perennial streams. Sediment control measures shall be installed prior to land-disturbing activities within the drainage area controlled by the sediment basin.
(c) Diversion structures: Diversion structures, where conditions necessitate, shall be constructed to divert water away from surface mined areas and direct runoff from spoil slopes to sediment problems and interference with active mining operations.
(d) Barriers protecting intermittent or perennial streams: All intermittent or perennial streams shall be protected from spoil by natural or constructed barriers.
(e) Storage of topsoil: Topsoil required for reclamation shall be stored in such a manner as to remain available for reclamation. Topsoil will be needed for future reclamation and shall not be removed from the permitted area unless authorized.
The stockpile topsoil shall be seeded with quick-growing grasses or legumes for stabilization until used in final reclamation.
(f) Road surfaces and ditches: Road surfaces and ditches shall be stabilized. Side slopes shall be constructed in a stable manner to minimize erosion and sedimentation. Ditches shall be constructed where necessary and shall have sufficient capacity to control surface runoff.
(g) Culvert(s): Culverts shall be installed in accordance with the drainage manual.
(h) Roads:
(i) Approaches to public roads: Access roads which intersect with a state highway or a public street shall be paved with an approved all-weather surface for the entire length of road from the state highway or street to the scales. All-weather surface shall consist of either asphalt or concrete.
(ii) Internal roads: Internal roads amy be unpaved provided dust is adequately controlled by the operator. Innovation and improved designs and construction techniques shall be encouraged. Designs and construction techniques for roads, drainage structures, and control of drainage, erosion and sedimentation other than those contained or referred to in these regulations shall be subject to review and approval by the division of engineering.
(iii) Maintenance: Maintenance is required to ensure the proper functioning of the road and drainage systems. Maintenance of the road systems shall consist of inspecting, repairing and cleaning of roadways, ditches and culverts as necessary. Particular attention shall be given to removing debris from culvert inlets.
(5) Spoil: Spoil and/or overburden which has been displaced and may be moved shall be graded and stabilized so that soil erosion, surface disturbance and stream sedimentation will be prevented. The size and location spoil or overburden may be limited on site by the board. All grading must be kept current and shall be completed according to the permit.
(6) Stockpiles: Stockpiles shall be located, maintained and stabilized so that soil erosion, surface disturbance and stream sedimentation will be prevented.
(7) Hazardous Materials: Hazardous materials shall be located, stored, maintained, and discharged as described in Code of Ordinances, chapter 16A.
(8) Subsidence Control: The ground control plan consisting of pillars and other roof support systems shall be designed to provide a long-term factor of safety of 1.75 as calculated by standard engineering practice.
(9) Blasting: The use and storage of explosives shall be conducted in accordance with the rules and regulations of the Kentucky department of mines and minerals and applicable federal and local regulations. A pre-blast survey as detailed herein, and continued on-site seismic monitoring shall be required.
The peak particle velocity of the blast shall not exceed two (2) inches per second if the blast vibration frequency exceeds thirty (30) Hertz (Hz). Table I [at the end of this chapter] shall be utilized to determine peak particle velocities for blast vibration frequencies less than thirty (30) Hertz.
(10) Pre-blast Survey: A pre-blast survey shall be conducted if requested by an eligible property owner except for existing operations and except on properties currently covered by an existing pre-blast survey. A pre-blast survey, if requested by the property owner within ninety (90) days of publication of the notice in the newspaper of highest circulation, shall be conducted by the applicant within the notification area applicable to that zone(s) as defined in the zoning ordinance. In zones where the notification area is less than one (1) mile, property owners within two thousand (2,000) feet of any part of the permit area may request a pre-blast survey within ninety (90) days of publication of the notice in the newspaper of highest circulation. The survey shall determine the condition of dwellings and/or structures and document any pre-blasting damage and other physical factors that could reasonably be affected by the blasting. Assessments of structures such as pipes, cables, transmission lines, wells, springs and other water systems shall be limited to surface condition and readily available data. Special attention shall be given to the pre-blasting condition of wells and other water systems used for human, animal, or agricultural purposes and to the quantity and quality of the water.
A written report of the survey shall be prepared and signed by the person who conducted the survey. The report shall include recommendations and any special conditions or proposed adjustments to the blasting procedures which should be incorporated into the blasting plan to prevent damage. If the resident or owner or his representative accompanies the surveyor, the report shall contain the name of such person(s). Copies of the report shall be kept on permanent record by the division of engineering and with the Fayette County Court Clerk with recording fees paid by the applicant.
If the property owner disagrees with the results of the survey, he or she shall notify in writing the division of engineering of the specific areas of disagreement.
If a structure is constructed or renovated within the applicable notification area subsequent to a pre-blast survey, then upon request to the division of engineering a survey shall be performed by the operator.
(11) Buffer Zone: Except for operations with valid existing rights, the mine or quarry shall not extend within one hundred (100) feet of any adjoining property line without the prior written consent of that adjoining property owner(s) and the approval of the division of engineering.
(12) Screening: Screening shall be provided as defined in the permit application and in accordance with the zoning ordinance.
(a) Screening shall be provided to improve the appearance of the mining site from public roads, public buildings, recreation areas, and occupied dwellings.
(b) If screening is to be undisturbed forest, a distance of one hundred (100) feet must be left undisturbed from the permit line. Planted earth berms, natural topography appropriately designed fences or walls may be used if approved in the mining/quarry plan.
(c) Permanent berms for screening shall be topsoiled, seeded or planted in accordance with the approved revegetation plan.
(13) Reclamation: The reclamation of the site shall be to return the land to productive use as required by the reclamation plan and reclamation description as provided in section 8-4(2)(d) and (f). Consideration may be given to possibilities for use of a completed excavation for water impoundments suitable for recreation, water supply and storage, and wildlife. An amendment may be required to the operations plan(s) to meet the exigencies of any unanticipated circumstance or event. Reclamation shall be designed to minimize adverse effects on the environment and facilitate integration of reclamation with mining/quarrying operations according to the special requirements of various individual mineral types.
(a) Surface:
(i) Buildings and structures: Upon conclusion of all mining/quarrying operations, all buildings, structures and processing plants shall be removed unless approved in the permit as permanent structures.
(ii) Refuse: All refuse including metal and lumber resulting from the operation within the permit area shall be removed and/or properly disposed of.
(iii) Spoil piles and/or overburden: All spoil piles and overburden will be graded in accordance with the operation/reclamation plan in such a manner as to prevent sediment runoff.
(iv) Stockpiles: At the cessation of mining/quarrying operations, all stockpile materials shall either be removed to expose the original ground or shall be graded, scarified, covered with a minimum of eighteen (18) inches of topsoil material, and planted in accordance with the approved reclamation plan.
(v) Slopes: Proposed grade of completed slopes are to be indicated on the reclamation plan. Long uninterrupted slopes must be provided with proper structures, such as terraces, berms and waterways, to minimize slope instability and erosion due to surface runoff.
Slopes must be stabilized, protected with a permanent vegetative or riprap covering and not be in an eroded state in order to prohibit erosion onto an unprotected site.
Constructed slopes shall not extend closer than twenty-five (25) feet to any property boundary without written permission of the adjoining property owner or unless to improve drainage by methods acceptable to the division of engineering.
(vi) High wall(s): Except for existing operations, all high walls shall be reduced at the closure of the operation to a maximum slope of 2 to 1.
If the approved final reclamation is for the void to be flooded, then the 2 to 1 slope shall only extend to ten (10) vertical feet below the lowest predicted water elevation.
(vii) Drainage: All final drainage shall be in accordance with the drainage manual and all other applicable laws and regulations.
(viii) Roads/parking lots: All concrete and asphalt roads/parking lots shall be removed and the refuse properly disposed of unless approved in the permit as a permanent structure. All other roads/parking lots shall be ripped to a depth of twenty-four (24) inches and covered with a minimum of eighteen (18) inches of top soil material.
(ix) Revegetation: The objective in revegetation is to stabilize the area as quickly as possible after it has been disturbed in order to achieve permanent and protective vegetative cover. Exposed areas subject to erosion on an active mining/quarrying site shall be protected by a temporary or permanent vegetative cover or by other approved methods. Simultaneous revegetation shall be incorporated into the reclamation plan. Final reclamation shall be performed on areas where mining has ceased.
a. Conditioning the soil: Crusted and hard soil surfaces shall be scarified prior to revegetation. Steep graded slopes shall be tracked (running a cleated crawler tractor or similar equipment up and down the slope).
b. Liming and fertilization: Application of lime and fertilizer shall be performed according to soil test and revegetation needs.
c. Seeding and mulching: Appropriate vegetation shall be planted or seeded and mulched according to the mixtures as defined in the reclamation description.
d. Seed quality: The seed used must meet the purity and germination requirements of the Kentucky department of agriculture. The division of engineering may, at its discretion, take samples for laboratory testing.
e. Trees and shrubs: Specific use, regional adaptability, and planting requirements shall be as defined in the reclamation description. Tree and shrub planting shall only be considered an appropriate ground cover when combined with well-established grass species.
f. Critical or problem areas: Critical or problem areas are those areas containing steep slopes, easily erodible material, hostile growing conditions, concentration of drainage, or other situations where revegetation or stabilization will be potentially difficult. On such areas, the operator must follow procedures for revegetation as described in the reclamation description.
(x) Inspections: Inspections for adequacy of vegetation for bond release shall be made by the division of engineering.
a. Inspection for bond release shall be made within twenty-four (24) months after seeding.
b. No noncritical areas larger than one-half (0.5) acre will be allowed to exist with less than seventy-five (75) percent ground cover. Vegetation must exhibit growth characteristics for long-term survival.
c. Seeded portions of critical areas shall have adequate vegetative cover so that, in combination with other measures that may have been used, the area is completely stabilized.
(xi) Utilities: Following the closure of the operation, all utility services associated with the operation shall be terminated and made safe at the property boundary unless otherwise approved in the permit.
(xii) Time limit: Reclamation of disturbed areas shall begin within six (6) months of completion of active operations and shall be completed within eighteen (18) months. Except for areas in constant use, such as haul roads, access roads, stockpile areas, and processing areas, reclamation shall begin within one (1) year after an area has been disturbed. These activities as described herein shall be completed prior to obtaining bond release.
(b) Underground:
(i) Subsidence: Adequate pillar and other roof support systems shall be maintained to ensure that there is no surface effect of any subsidence following closure of the operation. The combination of all pillars and roof support systems shall be designed to provide a long-term cumulative factor of safety of 1.75 as calculated by standard engineering practice.
(ii) Portals: All portals shall be closed utilizing a method that provides a permanent barrier to access.
(iii) Shafts: All shafts shall be permanently closed utilizing a reinforced concrete cap adequately anchored directly onto the bedrock. The location of the closed shaft shall be indicated by a permanent monument on the surface directly above the center of the closed shaft.
(iv) Drainage: Unless the portal closures are designed to withstand the head of a flooded mine workings, adequate drainage shall be installed to ensure that the mine water pool elevation does not extend above the base of the portal closure. Such drainage structure shall be designed to ensure that no access is possible.
(v) High wall(s): All high wall(s) developed to facilitate the underground mining operation shall be reclaimed as required by subparagraph (vi) below.
(vi) Time limit: Closure of all shafts and portals shall be completed within one (1) year of closure of the operation. These activities as described herein shall be completed prior to obtaining bond release.
(14) Inactive Operations: At the option of the owner/operator and with the inspector's concurrence, an operation can remain under permit for an indefinite period during which no mineral or overburden is removed if the following conditions are complied with:
(a) All disturbed areas are reclaimed to prevent erosion and sedimentation as directed by the division of engineering.
(b) All drainage structures such as culverts, ditches, etc., are maintained according to the drainage manual.
(c) All vegetation is maintained (reseeded as necessary) to the inspector's satisfaction.
(d) All improvements on site, including machinery and equipment, are to be maintained in a reasonable state of repair and condition.
(e) All portals, shafts and points of entry on the site are secured with a safety barrier(s).
(f) All points of entry onto the property are secured.
(15) Transportation: The owner/operator shall ensure that all truck shipments by or on behalf of the owner/operator with a load of greater than ten thousand (10,000) pounds leaving the mine/quarry site shall be covered to avoid spillage.
(Ord. No. 252-91, § 1, 12-12-91; Ord. No. 127-2012, §§ 11—16, 10-11-12)