§ 9.17. Mining, mineral exploration, and borrow pits.  


Latest version.
  • 9.17.1

    Definitions: As used in this Ordinance, unless the context otherwise requires:

    AREA OF DISTURBANCE: That area of land that has undergone physical alteration to the natural topography and/or vegetation as a consequence of mining exploration.

    EXPLORED LANDS: The surface, subsurface and water of an area in which mineral exploration is being or has been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, waste, and areas on which structures, facilities, equipment, machines, or other materials used in exploring operations are located.

    MINERAL EXPLORATION: Ordinary grading, construction of roads or platforms, core sampling and drilling, of lands for determining the feasibility of the extracting of solid minerals.

    OVERBURDEN: All the earth and other material which lies above natural deposits of ores or minerals, and includes all earth and other materials disturbed from their natural state in the process of surface mining.

    RECLAMATION OF EXPLORED LANDS: The combined process of land treatment that mitigates water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from exploration including all associated lands, so that explored lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and minimize danger to the public health, safety, and welfare. This process may extend to back filling, to original grades and previous natural conditions.

    REMOVAL: The actual process of digging or otherwise removing the substance being moved.

    9.17.2

    General Provisions.

    9.17.2.1

    Exploration for the existence of mineral deposits on any parcel of land in the unincorporated area of Greene County shall proceed in compliance with this section.

    9.17.2.2

    Compliance with Local, State, and Federal Regulations.

    1.

    All mineral/material extraction, surface mining, mining, quarrying, dimension stone quarrying, and stone crushing operations (whether strip, surface, or subsurface, and including the removal of stone, rock, gravel, sand, clay, phosphate, metallic ore, minerals, and other such solid materials or substances of commercial value found in natural deposits on or in the earth) shall comply with all applicable local, state, and federal regulations, and permitting requirements including, but not limited to, those related to water quality, air quality, and noise.

    2.

    Certain of these operations may be subject to additional state or federal regulations that apply specifically to that particular industry or type of operation. For the purposes of this Ordinance, such applicable industry or operation specific state or federal regulations shall apply. Where the requirements specified herein are at variance with any applicable state or federal regulations, then the more restrictive or that imposing the higher standards shall apply. Nothing in this section shall relieve owners or operators of any these operations from complying with all applicable local, state, and federal regulations, permits and requirements.

    9.17.3

    Exploration Permits.

    9.17.3.1

    Applicability. An exploration permit shall be obtained from the county prior to the commencement of exploration for the existence of or the expansion of the area of disturbance of an existing exploratory site for solid minerals on any parcel of land in unincorporated Greene County.

    9.17.3.2

    Definition. For the purposes of this Ordinance, Surface Mining shall include, but not be limited to, surface mining, mining, quarrying, dimension stone quarrying, and stone crushing operations (whether strip, surface, or subsurface, and including the removal of stone, rock, gravel, sand, clay, phosphate, metallic ore, minerals, and other such solid materials or substances of commercial value found in natural deposits on or in the earth).

    9.17.3.3

    Exemptions. The following shall be exempt from county exploration permits:

    1.

    Hobby mining; and

    2.

    Parcels of state or federal land which have operation and rehabilitation plans approved by a state or federal agency.

    9.17.3.4

    General requirements for Mineral Exploration. The following are deemed to be the general and minimum requirements for mineral exploration:

    1.

    Setbacks:

    a.

    Drill rigs and accessory equipment shall not be located closer than five hundred (500) feet from any residential use structure without written permission from all property owners.

    b.

    The edge of a quarry pit may not be located at any one point closer than one hundred (100) feet to right-of-way or easement access point and fifty (50) feet to any property line.

    2.

    Minimum acreage shall be as follows;

    a.

    50 acres minimum for site proposed to have blasting or crushing operations, and

    b.

    5 acres minimum for all other sites.

    3.

    Fencing. Prior to excavation, the owner, lessee of land, or their duly authorized agent for mining or mineral exploratory operations shall construct and maintain substantial fences with locking gates not less than six (6) feet in height at all points of access to the excavation site with durable warning signs posted thereon not more than two hundred (200) feet apart bearing the words DANGER and NO TRESPASSING in letters not less than six (6) inches in height, which shall be maintained by the owner or lessee so as to be clearly legible.

    a.

    Additional security features, such as barbed wire above the fence top, are encouraged.

    b.

    Gates for access shall be closed and locked at all times during non-operating hours.

    c.

    Fences and gates shall be inspected and maintained to assure an effective barrier. The owner of the property where the pit is located shall be responsible for maintaining fences and gates at all times.

    4.

    Screening. Portions of the mining operations visible from the public right-of-way or nearest residential use shall be screened with dense landscaping to achieve at least 75 percent opacity within two years. The landscape buffer shall be no less than ten feet in width at any given point and may be placed either inside or outside the required fence perimeter to achieve maximum dust and noise reduction and visible shielding. Earthen berms with a minimum height of three feet can be placed within this buffer area.

    5.

    Buffers. In addition to the landscape screening noted above, a minimum ten-foot width buffer is required parallel to, and inside, the required fence. Excavation, pit operations, parking, storage and disposal of debris are not permitted within the screening or buffer areas. The setback area may not be used for truck or equipment traffic or parking, except as necessary to maintain the setback area and perimeter fence. Pit access point(s) shall be designed perpendicular to the buffer/screening width with the least disturbance to the buffer/screening zone that allows safe vehicle and equipment access to the operating site.

    6.

    Grout, Rubble, Waste Rock, Waste Quarry Block, Overburden. Piles or other accumulations of grout, rubble, waste rock, waste quarry block, overburden, mine production material, or other similar materials shall not be created to a height of more than thirty-five (35) feet above the original contour. Grout, rubble, waste rock, waste quarry block, overburden, mine production material, or other similar materials shall not be placed, deposited, discarded or dumped in required setback areas, except that overburden may be used in the construction of berms.

    7.

    Operations:

    a.

    Operations shall not be permitted on Sundays and federal public holidays, nor will they be permitted within the hours of 7:00 p.m. and 7:00 a.m. on any day.

    b.

    Blasting - The operation shall be in compliance with the Georgia Blasting Standards Act (State of Georgia House Bill 824). Blasting shall not exceed atmospheric overpressure limits set out in said Act, as governed by the Department of the Fire Marshal for the State of Georgia. Flyrock traveling in the air or along the ground shall not be cast from the blasting site beyond the property lines of the area under ownership or control of the operator. Excavation shall not take place by blasting or use of explosives on any day between the period between sundown and sunrise the following day or during the period between 7:00 p.m. to 7:00 a.m., whichever is greater. In addition, routine production blasting shall be prohibited at any time on Sunday.

    8.

    Grading or other construction activity on the site may not alter existing natural drainage ways in such a way as to adversely affect an adjacent parcel of land either by increasing or redirecting the drainage flow over that parcel, or by impeding the drainage ways flowing from that parcel.

    9.

    Alteration/Relocation of Water Bodies - Natural creeks, streams, rivers, lakes, or other bodies of water shall not be altered in course or relocated by the Operator, unless such alteration or relocation has been specifically approved by applicable state and federal agencies and the Board of Commissioners as part of a Comprehensive Site Development Plan or Surface Mining Land Use Plan.

    10.

    Operations shall not adversely impact adjacent properties and shall comply with the performance standards of § 7.7.3.4.

    11.

    Noise generated by mineral exploration activities shall not exceed the standards set forth in any applicable law or regulation including, but not limited to, the Official Code of Georgia, or the Department of Natural Resources regulations, or § 7.7.3.4 (whichever is the most stringent).

    12.

    Waste drill fluids generated on-site shall be contained on-site and/or transported from the site and disposed of in an environmentally safe and legal manner.

    13.

    Drill fluid pits shall be fenced to prevent access.

    14.

    Approved drainage plan, dust abatement plan, noise abatement plan, operational methods plan, rehabilitation plan, financial surety, and fire protection plan are required to be submitted in compliance with any and all applicable rules and regulations.

    15.

    When residential densities exceed ten (10) dwelling units within a five hundred (500) foot radius of the drill site, only electric powered drills shall be used. Diesel generators shall not be used as the power source for electric drills.

    9.17.3.5

    Application and Approval Process.

    1.

    Planning and Zoning Board's Duty. The Planning and Zoning Board will review the complete application and related documents and submit recommendation to the Board of Commissions exploration permits based on adequacy of plans as outlined in § 9.17.3.

    2.

    Application. Any person desiring approval of an exploration permit, shall file with the building official a completed application for an exploration permit and eight (8) copies of a drawing of the proposed exploration area with written data which discloses the following information:

    a.

    Legal description of the area to be explored.

    b.

    Specify total acreage of owned and leased lands. In addition, provide figures on the percentage of owned or leased lands to be affected by the mining/quarry operation.

    c.

    Provide the names and addresses of the owner and/or lessee along with written authorization or delegation, if not owner. The applicant shall further certify that the Operator is the rightful owner and/or holds a valid lease on or option to purchase or lease said lands.

    d.

    Provide the existing zoning classification and a brief description of the characteristics of the land proposed to be affected by mining and the zoning classification and a brief description of the characteristics of the surrounding lands and community in the vicinity of the proposed operation.

    e.

    Written evidence by a professional geologist or other competent professional qualified to make such a judgment that the proposed site contains a mineral resource area or other valuable surface or subsurface substances that can be economically mined.

    f.

    Specify the mineral or material which will be extracted by the operation and describe the general method and machinery to be used for extraction.

    g.

    Estimate (projected range) anticipated average volume of mineral/material to be extracted annually and anticipated truck trips per day.

    h.

    Provide anticipated date for beginning of mining/quarry operations.

    i.

    Provide plans, proposals, objectives, and time-frame for land stabilization or reclamation, and re-use of the property at the cessation of the operation.

    j.

    An operations plan and all documents submitted or prepared for submission to the Georgia Department of Natural Resources for the purpose of obtaining a State Mining Permit. It shall be the continuing responsibility of the applicant to provide the county with all information submitted and received during the State application process and to inform the Building Official of the final disposition of the State permit process. Operation plans, if approved, shall be considered conditions of development approval, unless otherwise specified by the Building Official. Said plan shall also describe the nature of mining operations, method(s) of extraction, and equipment and materials (e.g., explosives) to be used.

    k.

    Provide a copy of all applicable State and Federal permits, as required, or applications for such permits.

    l.

    A detailed site plan shall, at a minimum, indicate the following:

    1.

    The location of existing roads, streets or thoroughfares and other natural features affecting existing roads.

    2.

    The location of residential structures within five hundred (500) feet of a proposed drill or mining site.

    3.

    A layout of proposed roads, streets or ingress/egress, exploration sites, and easements; the layout shall include both on-site and those off-site which lead to the area of exploration.

    4.

    Proposed location of phased mining operations.

    5.

    Proposed locations or disposition of topsoil, overburden, and by-products, on-site or off-site.

    6.

    Approximate location of natural drainage ways.

    7.

    Adequate drainage calculations to support drainage way improvement proposed.

    8.

    Erosion and sediment control plan.

    9.

    Drainage plans for roads, platforms or any disturbed area.

    10.

    A fire protection plan.

    m.

    An impact statement prepared by a qualified professional that addresses the impact of the proposed mining operation on abutting and nearby buildings, uses, and properties. The impact statement shall address those external effects determined by the director to be likely to exist if said use is established, including, but not limited to, as appropriate, electromagnetic interference, noise, vibration, fumes, odors, dust and air particulates, illumination, truck traffic, and water table protection. The impact statement shall recommend specific measures to mitigate such impacts and provisions for monitoring and enforcing mitigation measures, and, if approved, the recommendations of the impact statement shall be considered conditions of approval unless otherwise specified by action of the Board of Commissioners.

    n.

    A reclamation plan that conforms to the requirements defined in § 9.17.4.

    3.

    Adequacy and Distribution of Plans. If the Planning and Zoning Board determines that the plans submitted contain sufficient data to furnish a basis for its approval or disapproval, and that the drawing of access and on-site roads is adequate to aid the Planning and Zoning Board in recommending acceptance of the drainage and reclamation plans, the Building Official shall affix a file number and date of receipt to the application, and within ten (10) working days shall distribute copies of the application to those agencies listed below, which, in his/her judgment, should make a review.

    a.

    Building Official.

    b.

    Greene County Health District.

    c.

    Appropriate fire protection official.

    d.

    Georgia Department of Transportation, if access road attached to a state highway.

    e.

    United States Forest Service, if abuts a National Forest Service property.

    f.

    Other appropriate agencies.

    4.

    A notice of proposed mineral exploration shall be issued by the applicant to property owners within five hundred (500) feet of the exterior boundaries of the property where mineral exploration is being conducted. Property owners shall be allowed fifteen (15) working days to respond to the notice of proposed mineral exploration before any action is taken on the application.

    5.

    Contamination/Interruption/Diminution of Public/Private Drinking Water Supply. In the event of excavation below the seasonal high water table, the operator of a mining/quarrying activity that affects by excavation activities a public drinking water source or private drinking water supply by contamination, interruption or diminution must restore or replace the affected water supply with an alternate source of water, adequate in quantity and quality for the purpose served by the supply. This provision is not intended to replace any independent action that a person may have whose water supply is affected by excavation activity.

    6.

    Approval. The Planning and Zoning Board shall review and submit recommend to the Board of Commissions for an exploration permit when all of the following exist:

    a.

    When it is found the public interest will be protected by approval of the exploration permit and the application indicates compliance with § 9.17.3 of this ordinance; and

    b.

    When the applicant has signed an undertaking for the reclamation of explored lands approved by the Planning and Zoning Board with performance guaranteed by an adequate financial surety held by a United States institution located within the continental United States in U.S. dollars to the amount of one hundred fifty (150) percent of the estimated cost of reclamation and approved by the County Attorney. This surety shall be retained for one year after the end of the growth season following the completion of reclamation.

    9.17.3.6

    Change of Ownership.

    9.17.3.6.1

    Should a change in legal ownership of the mining/quarrying operation occur, the new owner(s) shall have sixty (60) days from the date of consummation of the ownership change to submit to the Building Official written proof of the assumption of responsibility and submission of any required sureties or bonds by the new owner, and shall submit the appropriate information and details necessary to update the existing Comprehensive Site Development Plan for the operation as specified in § 9.17.2 and subsequent sections, or a copy of the updated Surface Mining Land Use Plan filed with the Georgia Environmental Protection Division. The operation may continue under the new owner during the sixty (60) day grace period. Failure of the new owner(s) to place on file with the County the necessary information and documents within said sixty (60) day period shall constitute a violation of this Ordinance.

    9.17.3.6.2

    Updating the information in the existing Comprehensive Site Development Plan for the operation to reflect a change of legal ownership of the mining/quarrying operation shall not constitute an amendment to the plan, unless significant changes are proposed to the nature or intensity of the operation itself or to plans, proposals, objectives, or time-frame for land stabilization or reclamation.

    9.17.3.7

    Cessation of Operation.

    9.17.3.7.1

    Upon cessation of operation, defined as no physical operations on-site within a consecutive period of one (1) year, the operator shall begin with the reclamation or land stabilization, as specified in § 9.17.4, herein, unless an application for inactive status has been submitted and approved.

    9.17.3.7.2

    The operator shall have up to twenty-four (24) months after the date of cessation of operations to submit a written application to the Building Official, requesting that the mining/quarry site be placed on inactive status. Said inactive status shall be granted for up to three (3) years with no effect on its zoning status. If, at the end of three years, active mining/quarrying has not been resumed, it shall be deemed that mining/quarry operations have permanently ceased. At such time, the operator shall complete reclamation or land stabilization, as specified in § 9.17.4, herein. When a mining/quarry site is placed on inactive status, all exposed critical disturbed areas shall be stabilized and all measures employed for erosion and sedimentation control shall be maintained by the operator until such time as active mining/quarrying is resumed or said reclamation/land stabilization has been completed or said reclamation/land stabilization has been completed.

    9.17.3.8

    Amendments to Plan. Unless otherwise specified herein, once approved, there shall be no significant changes or variation involving the nature or intensity of the operation itself or to the plans, proposals, objectives or time-frame for land reclamation/land stabilization in the Comprehensive Site Development Plan, unless approved, after a public hearing as set out in Article XIII, Amendments, of this ordinance, by the Board of Commissioners and all applicable state regulating authorities. The Operator shall submit any proposed changes in the approved Plan to the Board of Commissioners or their designated official(s) and to the appropriate state agencies for approval as an amendment to this Plan prior to changing or varying from this Plan. Request for amendment shall be complete in all details necessary to show the new plan of action and all lands to be affected. This requirement shall not apply to existing operations for which no Comprehensive Site Development Plan or Surface Mining Land Use Plan exists, provided that such existing operations shall comply § 9.17.3.10, Existing Mineral-Material Extraction and Surface Mining Operations, and § 9.17.3.10, Registration Required, herein.

    9.17.3.9

    Existing Mineral-Material Extraction and Surface Mining Operations. For the purposes of this section, an existing mineral/material extraction or surface mining operation shall be defined as one with a valid business license and on which active physical operations on site exist at the time this Ordinance is adopted; or any such proposed operation for which a valid Surface Mining Permit has been issued by the Georgia Environmental Protection Division and for which a reclamation bond has been funded, prior to the adoption of this Ordinance.

    1.

    In order to provide the local governing authority with accurate and current information concerning existing surface mining, mineral/material extraction, quarrying, or stone crushing operations and in order to enforce the provisions that will apply to such existing operations upon adoption of this Ordinance, the owners of said existing operations shall be required to register with the County as specified in § 9.17.3.10, herein.

    2.

    Any existing mineral/material extraction or surface mining operation, which does not meet all of the requirements for a new operation as specified herein, shall be considered non-conforming for the purposes of this Ordinance. Such operation is deemed "grandfathered" as to this ordinance and may continue operation and excavation expansion in compliance only with all existing local, state, federal regulations, and permits to which it was subject prior to the adoption of this ordinance, provided that:

    a.

    Any expansion of the existing excavations or areas of operation shall be permitted only within the property lines of the existing tract on which the operation is located; except that adjacent tracts(s) under the same ownership or lease prior to the adoption of this ordinance and with existing physical operations on site shall be included as part of the existing operation. For operations subject to EPD permitting, any expansion of existing excavations or areas of operation shall be permitted only within the established boundaries of the EPD permitted and bonded area(s).

    b.

    Unless part of an approved Comprehensive Site Development Plan or EPD permitted Surface Mining Land Use Plan, the initiation of any new excavation or area of operation, which is not part of the incremental expansion of the existing excavation/operation, but which has a separate and distinct location, shall be permitted only in conformance with the § 9.17.2 and subsequent sections, and § 9.17.4, Reclamation/Land Stabilization requirements, herein.

    c.

    For those operations requiring EPD permits and bonds, there shall be no expansion of an existing operation beyond the established boundaries of the EPD permitted and bonded area(s) for the operation, or onto any property unless application for rezoning and conditional use permits first shall have been approved as specified in § 9.17.2 and subsequent sections, herein.

    3.

    Should a change in ownership of an existing operation occur, the new owner(s) shall comply with the requirements specified in § 9.17.3.10 herein.

    9.17.3.10

    Registration Required.

    1.

    In order to provide the governing authority with accurate and current information for all mineral/material extraction and surface mining operations within Greene County, all owners of such operations located within Greene County shall be required to register with the County Building Official and provide information about the operation, as specified herein. Any new operation approved and permitted by the Board of Commissioners pursuant to this Ordinance shall be automatically registered with the County. Any operation already in existence prior to the adoption of this Ordinance must register with the County and provide the required information within one (1) year of the adoption of this Ordinance. Failure to register or to truthfully report all information required shall constitute a violation of this Ordinance.

    2.

    Registration Information - The required registration shall include the following information for each operation:

    a.

    The name of the local entity operating the activity, name of parent entity (if different from local entity), name of owner(s) of all entities, contact information including, but not limited to, the business address and telephone number.

    b.

    Provide the name and address of all land owner(s) and, if appropriate, the name and address of the lessee (if different from the owner of the operation). The registrant shall certify that the owner/operator is the rightful owner and/or duly authorized to act and has a valid current lease on said lands, if applicable.

    c.

    The contact information for the on-site manager including but not limited to: name, title, mailing address and telephone number.

    d.

    Specify the mineral or material which is being extracted and the type of operation and general method used for extraction.

    e.

    Provide an average range of the volume of mineral/material extracted annually and truck trips per day.

    f.

    Specify the tax parcel number(s) and total acreage of land owned and/or leased by the owner/operator for the operation. For each tax parcel, specify the total current acreage of each extraction area and the total acreage of land on which actual active physical operations are occurring at the time of registration.

    g.

    If applicable, provide a copy of the current Surface Mining Land Use Plan and permit as approved by the Georgia Environmental Protection Division for the operation;

    h.

    The information requested by this subsection shall be updated at any time that the information provided is no longer current.

    9.17.3.11

    Penalties and Surety Claims.

    1.

    Action to Restrain Violations. Any person exploring any parcel of land for solid minerals without complying with the provision of this section shall be deemed to be in violation of this resolution.

    2.

    Discontinuance of Exploratory Activity. If mineral exploration on any parcel of land shall be abandoned or discontinued for a period of one year and reclamation not completed as identified in approved plans, Greene County shall claim the required surety and proceed with reclamation.

    3.

    Revocation of Permit(s). Any non-compliance with the applicable requirements of Section 9.17 shall result in the revocation of permit(s).

    4.

    Penalties. This section may be enforced by the County Attorney by civil action for injunctive, declaratory, or such other relief as necessary to ensure that mining exploration shall not be conducted except as authorized by permit as provided in this resolution and that any degradation of the environment caused by mining exploration shall be restored to its previous natural condition or in accordance with any undertaking for the reclamation of explored lands as provided by any applicable exploration permit.

    9.17.4

    Borrow Pits.

    9.17.4.1

    Borrow Pits shall comply with the following requirements with the exception of the following:

    1.

    Extraction of minerals by a landowner for his/her unprocessed form for non-commercial use on property owned by him or her.

    2.

    Borrow pits for highway construction with a Department of Transportation reclamation plan and bond.

    3.

    Excavation or grading incidental to the construction of a building on a lot or parcel for which a building permit has been issued. This authorization shall only apply to the land shown on the site plan submitted with the application for a building permit. Once a certificate of occupancy has been issued pursuant to said building permit that authorization shall not apply to any subsequent acquisition of land.

    4.

    Excavation or grading performed in accordance with a site plan or subdivision plat which has been reviewed and approved by the Planning and Zoning Board and for which all necessary permits have been issued.

    5.

    Bona fide agricultural operations as defined in Article III.

    6.

    Activities incidental to the operation of public utilities.

    The above operations are required to comply with State requirements with sediment and erosion control.

    9.17.4.2

    General Requirements for Borrow Pits. Excavations of any type or creation of borrow pits, may be permitted in certain zoning districts only after approval of a site plan by Building Official. Such excavations shall meet the following requirements:

    1.

    Side slopes requirements. The angle of repose for borrow pit/mining slopes shall be no greater than 2:1 (i.e., two feet horizontal for each one foot vertical) unless a professional engineer (P.E.) or professional geologist (P.G.) certifies that an angle of repose exceeding this ratio will prohibit any potential erosion or slumping, factoring into account the type of soil (i.e., clay, sand, etc.) and pertinent environmental conditions of the area.

    2.

    Side slopes steeper than 2:1 defined above shall have perimeter security fence as specified in § 9.17.4.5.

    3.

    If excavation extend deeper than the water table, the excavation shall be to a minimum depth of 2 feet below the water table.

    4.

    Borrow pits shall be located so that no one point of the bank shall be closer than seventy-five (75) feet to any part of the underground and/or above ground, septic tank system.

    5.

    Excavation and borrow pit operations shall be controlled to provide reasonable and continued protection of the surrounding properties with regard to the use and cleanliness of the streets for access to the subject premises. Hours of operation may be imposed to protect the peace, well-being, compatibility and character of surrounding properties.

    6.

    In no case shall the aquifer be penetrated.

    7.

    No excavation shall be permitted which in any way interferes with natural or planned drainage.

    8.

    Borrow pits shall not encroach into or be located in a jurisdictional wetland area as defined by the Army Corps of Engineers.

    9.

    As a part of the site plan review, a reclamation or restoration plan shall be required prior to approval and issue of a development order as defined in § 9.17.4.

    9.17.4.3

    Borrow Pits less than or equal to 2 acres.

    1.

    Setbacks:

    a.

    The edge of a borrow pit may not be located at any one point closer than fifty (50) feet to right-of-way or easement access point. Borrow pits may be closer to the right-of-way with a conditional permit.

    b.

    The edge of a borrow pit may not be located at any one point closer than twenty-five (25) feet to any property line.

    9.17.4.4

    Borrow Pits greater than 2 acres.

    1.

    Borrow pits will not be larger than 25% of tract or 25 acres, whichever is less. Larger borrow pits shall phase their operations and reclaim inactive phases.

    2.

    Setbacks:

    a.

    The edge of a borrow pit may not be located at any one point closer than one hundred (100) feet to right-of-way or easement access point. Borrow pits may be closer to the right-of-way with a conditional permit.

    b.

    The edge of a borrow pit may not be located at any one point closer than fifty (50) feet to any property line.

    c.

    Back to back pits. The setback for slope commencement excludes property boundary lines between active pits using the same excavation area.

    d.

    Increased setbacks may be required by the Building Official to protect wellheads, environmental areas, and/or adjacent properties from adverse impacts.

    3.

    Buffers and Screening.

    a.

    Portions of the pit visible from the public right-of-way or nearest residential use shall be screened with dense landscaping to achieve at least 75 percent opacity within two years. The landscape buffer shall be no less than ten feet in width at any given point and may be placed either inside or outside the any required fence perimeter to achieve maximum dust and noise reduction and visible shielding. Earthen berms with a minimum height of three feet can be placed within this buffer area.

    b.

    Buffers. In addition to the landscape screening noted above, a minimum ten-foot width buffer is required parallel to, and inside any required fence. Excavation, pit operations, parking, storage and disposal of debris are not permitted within the screening or buffer areas. The setback area may not be used for truck or equipment traffic, except as necessary to maintain the setback area and perimeter fence. Pit access point(s) shall be designed perpendicular to the buffer/screening width with the least disturbance to the buffer/screening zone that allows safe vehicle and equipment access to the operating site.

    9.17.4.5

    Fencing.

    1.

    All borrow pits shall have substantially built, aesthetically pleasing fencing with locking gates not less than six (6) feet in height at all points of access. Gates for access shall be locked at all times during unsupervised or non-operating hours.

    2.

    Required Fencing: For borrow pits with slopes exceeding 2:1 as described in § 9.17.4.5.

    a.

    Prior to excavation, the owner or lessee of land containing borrow pit operations shall construct and maintain aesthetically pleasing security fences not less than six (6) feet in height along the outer perimeter of the proposed excavated area.

    b.

    Additional security features, such as barbed wire above the fence top, are encouraged.

    c.

    Fence Alternative: as an alternative to fencing, a six (6) foot high earthen berm can be utilized.

    3.

    Signage:

    a.

    Signs shall be durable and bear the words DANGER and NO TRESPASSING in letters not less than six (6) inches in height, which shall be maintained by the owner or lessee so as to be clearly legible.

    b.

    Signs shall be posted on all gates.

    c.

    Signs shall be posted on any required fencing at no more than two hundred (200) feet apart.

    4.

    Fences and gates shall be inspected and maintained in a safe and secure condition to remain an effective barrier. The owner of the property where the pit is located shall be responsible for inspecting and maintaining the fence at all times.

    9.17.5

    Reclamation/Land Stabilization. In addition to other requirements herein, all land involved in the operation shall be put back in a useable and safe fashion after the extraction operations are terminated. The affected land must be restored to a condition that is similar to or compatible with the conditions that existed before excavation.

    9.17.5.1

    Reclamation/Land Stabilization Plan - shall include the following:

    1.

    A grading plan showing existing contours in the area to be extracted and proposed future contours showing the topography of the area after completion. Such plans shall include the surrounding area within five hundred (500) feet of the property boundary line, drawn to an appropriate scale with contour lines at intervals of two (2) feet or less.

    2.

    Existing and proposed drainage of the area.

    3.

    Details of re-grading and re-vegetation of the site during and at conclusion of the operation.

    4.

    Statement of intended future use of the land.

    5.

    Phasing and timing estimates of reclamation and rehabilitation activities. Completion of Plan shall be not be exceed twenty-four (24) months from date of cessation, except as otherwise specified and approved by the Building Official.

    6.

    The plan shall also include an estimation of cost for rehabilitation.

    9.17.5.2

    Reclamation plans, if approved, shall be considered conditions of development approval, unless otherwise specified by the Building Official. The Board of Commissioners may require an applicant to post a bond calculated on a specific amount per acre for the purpose of insuring proper reclamation of the land.

    9.17.5.3

    Amendments: There shall be no amendment to the Plan unless such amendments are first approved by the Board of Commissioners or their designated official(s).

    9.17.5.4

    Requirements: The following requirements shall be met in the Rehabilitation/Land Stabilization Plan:

    1.

    When any extraction has been completed, such area shall either be left as a permanent spring-fed lake or the floor thereof shall be leveled in such manner as to prevent the collection and stagnation of water and to provide proper drainage without excessive soil erosion, and shall otherwise comply with these requirements.

    2.

    All affected land (excluding dimension stone quarry excavation pits) shall be graded into a rolling topography and blended in with the existing landscape. Boulders, and overburden may be incorporated into protective barriers or berms, as necessary, provided such materials shall not be deposited in the required buffer areas except as specifically provided in § 9.17 and subsequent sections, herein.

    a.

    If grades are to be left below the water table, the excavation shall extend to a depth of two (2) feet below a water producing level.

    b.

    Excavated area shall be graded to blend with the surrounding topography.

    c.

    If backfilling the excavation, the backfill shall be non-noxious and non-inflammable solids to assure that the excavated area will not collect and retain stagnant water. The graded and/or back-filled surface shall create a gentle rolling topography to minimize erosion by wind or rain and substantially conform to the contour of the surrounding area.

    d.

    The banks of all extraction, when not back-filled, shall be sloped at a grade of not less than two (2) feet horizontal to one (1) foot vertical.

    e.

    Spoil banks shall be graded to a level suiting the existing terrain.

    f.

    All banks and extracted areas shall be surfaced with at least six (6) inches of suitable soil, except exposed rock surfaces, and shall be planted or seeded with trees, shrubs, legumes or grasses and maintained until the soil is stabilized.

    3.

    All equipment and structures shall be removed within three (3) months of the completion of the extraction of materials.

    4.

    All accessory structures, mechanical equipment, and stockpiled materials associated with the operation shall be removed within three (3) months of completion of the extraction of materials.

    5.

    Vegetative Stabilization - The Owner or lessee shall provide a high quality, enduring vegetative ground cover of properly planted and nurtured perennial vegetative species suited for the specific planting zone involved. The perennial vegetative species shall provide a complete, thorough stabilization by providing root mass and cover for the total disturbed area. If forest land is the reclamation objective, a vegetative ground cover will also be provided prior to or concurrent with tree seeding or the planting of tree seedlings.

    6.

    Structural Stabilization - Permanent structural control measures, i.e. stone riprap, ditches, berms, paved chutes, or piped down drains, etc., shall be utilized to convey concentrated storm flows down slopes to stable outlets. These measures shall be necessary in areas where concentrated storm flow velocities may cause erosion.

    7.

    Lakes or Ponds - All proposed lakes or ponds shall comply with all applicable local, state and federal regulations and requirements.

    8.

    All exposed critical disturbed areas shall be stabilized and all measures employed for erosion and sedimentation control shall be maintained by the operator until reclamation or land stabilization can be completed.

    9.

    Any security fencing or barriers shall be removed upon the closure of the borrow pit and completion of reclamation except those needed to secure dimension stone quarry excavation pits.