(A) It shall be unlawful to mine coal by the surface, auger, or strip method of mining within the city limits of the city.
(B) It shall be unlawful to mine coal by the long wall method of mining within the city limits of the city without the prior written consent of the owner of the surface estate.
(C) There shall be no mining of coal by the underground or deep shaft method of mining within the city limits except within the area identified on Exhibit A attached to Ordinance O-2021-8 and incorporated herein by reference. Mining in all other areas of the city is expressly prohibited. Mining within the authorized area identified on Exhibit A shall be subject to the following restrictions:
(1) No mining shall occur within two hundred fifty (250) linear feet of any residence or occupied dwelling located on the surface estate without the prior written consent of the record title owner of the surface estate. If there are multiple owners of the property consent must be obtained from all owners of legal age. Said written consent shall be filed of record in the Hopkins County Court Clerk's Office.
(2) If there are occupied dwellings on the surface estate, no coal shall be mined underlying the surface estate of such property without the prior written consent of the owner or owners of the occupied dwellings. Said written consent shall be filed of record in the Hopkins County Court Clerk's Office.
(3) No coal shall be mined within the permitted area unless the coal is at a depth of at least six hundred fifty (650) feet below the surface.
(4) No mining related facilities, except facilities relating to miner health and safety, shall be located on the surface without the written consent of the surface owner. No mine entrance shall be located within the city limits.
(5) It shall unlawful to mine coal by the underground or deep method of mining even within the permitted area identified on Exhibit A unless the person or entity proposing to conduct mining operations provides unto the city prior to the commencement of such mining operations:
(a) True, accurate and legible maps showing the area proposed to be mined identifying thereon all existing residences and occupied dwellings located on the surface of the area proposed to be mined; and
(b) Written consent from all record title owners of the surface estate for mining operations to be conducted underlying the surface estate where the surface and mineral estates are not owned by the same person or entity.
(6) Once mining operations have commenced within the permitted area identified on Exhibit A. the person or entity conducting such mining operations shall provide unto the city true and accurate mining maps with supporting mathematical calculations showing the amount of coal mined and removed from the property which shall not exceed fifty percent (50%) of the original coal in place. leaving at least fifty percent (50%) of the coal in place to support the surface estate. The foregoing information shall be furnished no less frequency than every ninety (90) days and shall be subject to public inspection. Sufficient coal shall be left in place to protect all existing structures located on the surface estate from mine-related subsidence.
(7) All mining operations shall be conducted in compliance with all applicable state, federal and local laws, rules and regulations applicable to said mining operations.
(8) If a surface owner consents to mining operations beneath the surface estate, at the request of the owner of the surface estate the person or entity conducting the mining operations will provide at its own expense to the owner of the surface estate a pre-mining survey of any occupied dwelling located on the surface estate to establish a baseline showing the condition and state of repair of the property prior to the commencement of mining operations.
(9) The person or entity conducting mining operations shall be responsible for any and all damages resulting from such mining operations.
(10) Any person or entity found to have intentionally violated this section shall be permanently barred from conducting future mining operations within the city. and shall reimburse the city for all legal fees and costs incurred by the city in proving such violation.
(‘74 Code, § 16-3) (Ord. passed 12-28-70; Am. Ord. O-2021-8, passed 9-20-21) Penalty, see § 114.99
Cross-reference:
Erection and maintenance of coal mine loading tipples prohibited, see § 130.10