The following are requirements for surface mining of minerals such as coal, gravel, sand, limestone, soil and related minerals. These regulations are designed to protect the health, welfare and safety of county citizens; to conserve the tax base of the county; to protect its economic stability; and to prevent degradation of the natural environment.
(A) County permit required.
(1) County surface mining permits are required whenever state surface mining permits are required, and additionally are required whenever surface mining activities are conducted on tracts of less than ten acres.
(2) The applicant shall submit a copy of the state application and all information submitted to state in support of its application.
(B) State permit required. The applicant shall not begin any mining operations until the State of Illinois has issued the appropriate mining permit, copy of the permit has been submitted to the county and a county permit has been obtained.
(C) Bond. The applicant shall submit an estimate of reclamation costs per ace for all surface mining proposed (in this permit application) in a calendar year and shall give the county performance bond equal to any anticipated costs in addition to $600 per acre. If the estimated costs are disputed by the county, the applicant shall furnish actual reclamation costs or completed projects and a determination shall be made by the county for the amount of the performance bond required. The bond shall be recalculated annually and adjusted as required. Bond or escrow funds may be used and shall comply with the subdivision code of the county.
(D) Land to be reclaimed for row crop agriculture. Where the county determines that the affected land was used for row crop agricultural purposes at any time within five years before mining, the affected land shall be graded to the approximate original grade of the land.
(E) Minimum earth cover. It has been determined that soil depths exist in excess of four feet, with the exception of rock outcrops and other minor areas, throughout the county. Therefore, a soil cover of a minimum of four feet shall be placed on all reclaimed lands, not left in water bodies, except for row crop lands which shall have minimum soil cover of six feet to insure oil depth necessary for various crop rotations.
(F) Top soil. On any lands that are surface mind, topsoil shall be removed prior to mining and re-spread during reclamation.
(G) Original grade. The slope of affected lands need not be reduced to less than the original grade of the overburden of that area prior to mining but shall not exceed the original slope by more than 10% except for approved areas reclaimed for recreational, forestry, wildlife uses.
(H) Additional requirements. The County Board may in its discretion require additional requirements where warranted.
(Ord. 2014-18, passed 4-16-2014) Penalty, see § 93.999