Extraction of earth products may be permitted in all districts subject to the following requirements.
(A) Required submissions. In addition to the information required for all applications for approval of special uses, the following shall be submitted as part of the application:
(1) Three copies of site plan, prepared by a North Carolina registered land surveyor or engineer, which shall contain the following:
(a) North point, scale and date;
(b) Extent of area to be excavated or mined;
(c) Locations, width and elevation of all easements and rights-of-way within or adjacent to the extraction site;
(d) Location of all existing or proposed structures on site;
(e) Location of all areas on the site subject to flood hazard or inundation as shown on flood maps or soils map;
(f) Location of all water courses on the site, including direction of flow and normal fluctuation of flow;
(g) Actual field topography survey at a contour interval of 5 feet based on mean sea level datum;
(h) Proposed handling and storage areas for overburden, byproducts and excavated materials;
(i) Proposed fencing, screening and gates; parking, service and other areas;
(j) Any areas proposed for ponding; and
(k) Access roads to the site, as well as on-site roads, with indication of surface treatment to limit dust. Sight distances on all roads used for access to the site shall be shown.
(2) An operations plan, which shall include:
(a) The date proposed to commence operations and their expected duration;
(b) Proposed hours and days of operations;
(c) Estimated type and volume of extraction;
(d) Description of method of operation, including the disposition of topsoil, overburden and byproducts;
(e) Description of equipment to be used in the extraction process;
(f) Any phasing of the operation and the relationship among the various phases; and
(g) Operating practices which will be followed to comply with the performance standards applicable to the operation.
(3) A rehabilitation plan, which shall include:
(a) A statement of planned rehabilitation of the excavated land, including detailed methods of accomplishment and planned future use of the rehabilitated land;
(b) A map showing the final topography, after rehabilitation, to the same scale as the site plan, it shall also depict any water areas and methods for preventing stagnation and pollution thereof, landscaping and ground cover proposed to be installed and the amount and type of backfill to be employed, if any;
(c) A phasing and timing plan, related to the phasing and timing portion of the operations plan, showing the progression of the rehabilitation and the date when it will be complete;
(d) The method of disposing of all equipment, structures, dikes and spoil piles associated with the operations;
(e) The name, address and signatures of land owners and applicants;
(f) A written legal description of survey of the property, prepared by a North Carolina registered land surveyor or engineer; and
(g) A fee, as set by the Town Council.
(B) Standards for evaluation. The following standards shall be used in evaluating an application for a permit to conduct extraction of earth products:
(1) All operations associated with extraction shall conform to the following performance standards.
(a) Direct illumination resulting from the operation shall not fall upon any land not covered by the application.
(b) Equivalent sound levels at the boundaries of the extraction site shall not exceed the following standards:
1. Between 7:00 a.m. and 7:00 p.m.: 68 dBA; and
2. Between 7:00 p.m. and 7:00 a.m.: 58 dBA.
(c) Vibration levels at the boundaries of the extraction site shall not exceed the following standards: maximum peak particle velocity: steady state=1.0 inches/second; and impact=2.0 inches/second.
(d) Note: The maximum particle velocity shall be the product of 2 times the frequency in cycles per second times the sum of 3 mutually perpendicular displacement components recorded simultaneously. For purposes of this chapter, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than 60 per minute. Discrete impulses which do not exceed 60 per minute, shall be considered impact vibrations. Maximum air blast vibration, measured at the lot lines of the zoning lot containing the extractive use, shall be 125 decibels on the linear scale.
(2) The Rehabilitation Plan shall be referred to the Randolph County Soil and Water Conservation District for review and recommendation, which shall not be binding upon the Town Council, in particular regarding the landscape material specified, the planting and maintenance proposed to insure continuous growth and development, and the acceptability of the proposals for the handling of lakes, pondsand the like;
(3) The permanent roads, defined as those to be used in excess of 1 year, within the excavation site shall be surfaced with a dust-free material such as soil cement, bituminous concrete or portland cement concrete from the nearest public road to the yard area. Also, all permanent roads located within 300 feet of residentially zoned and shall be treated the same;
(4) Roads other than permanent roads shall be treated with dust inhibitors, to be specified in the Operations Plan, which will reduce to a minimum the generation of dust from the road surfaces as a result of wind or vehicular action. Properly operated water wagons shall be an acceptable method of dust inhibition;
(5) Where the proposed extraction shall take place within 300 feet of a dwelling, school, church, hospital, commercial or industrial building, public building or public land, a security fence at least 6 feet high shall be installed;
(6) Spoil piles and other accumulations of byproducts shall not be created to a height more than 40 feet above the original contour and shall be so graded that the vertical slope shall not exceed the material's natural angle of repose;
(7) The Operations Plan and the Rehabilitation Plan shall be coordinated so that the amount of disturbed land is kept to the absolute minimum consonant with good practices and so that rehabilitation proceeds in concert with extraction; and
(8) (a) The Town Council shall require, for all extractive uses, a performance guarantee to ensure that the provisions of the Rehabilitation Plan are met.
(b) Performance guarantees shall be in a form approved by the town.
(c) The amount of the guarantee shall cover the cost of rehabilitation.
(d) The applicant's engineer shall certify the costs of rehabilitation on a per acre basis, if the cost does not exceed the amount posted with the State of North Carolina.
(e) If the rehabilitation costs exceed the amount required by the state, then the difference shall be made up in a bond to the Town of Liberty.
(1981 Code, § 824) (Ord. passed 6-28-2004)