§ 19-72. Standards.

(a)

Interim reclamation. General. The following standards are applicable in areas where extraction has been completed through a rock strata, there is an intention to mine the underlying rock strata at some later date, and mining activity will cease for more than five (5) years and consistent with the operator's approved MAMPA and MOPA:

(1)

Where a sheer wall occurs above the water line, a transition shelf designed in accordance with the rules of the department of natural resources shall be established. Access controls such as berms, fences must remain in place.

(2)

The area shall generally be cleared of mining equipment and shall not be utilized for purposes which could contaminate the underlying aquifer, such as a cattle feed lot, storage or dumping of possible contaminants.

(3)

A wildlife enhancement program shall be implemented with the express objective of accelerating the use of the area by the surrounding wildlife and creating a diversity of ecotones. The program narrative and scope, prepared by a qualified professional and approved as part of the reclamation plan, shall be specific to the subject area and shall utilize measures such as the examples listed below to accomplish the wildlife enhancement objective:

a.

Clustering any remaining large boulders in several areas in order to provide cover for smaller animals.

b.

Enhancing with native vegetation of overburden piles to reduce the potential for erosion to provide forage and cover for wildlife.

c.

The introduction of species-specific nesting boxes and artificial "snags" to increase the use of the area by birds.

d.

Establishment of timber and brush piles from on-site land clearing operations to provide cover and additional feeding sites as the material decays.

e.

Ensuring access for wildlife from adjacent natural areas by sloping of sheer walls as necessary.

f.

The retention of water as ponds or wetlands, if feasible, in a portion of the subject area.

g.

Enhancing the growth of food plants by utilizing topsoil from clearing operations to establish seeded plots.

h.

The maintenance or establishment of seed islands within expensive mine areas.

(4)

The operator has the option of reclaiming the area to final reclamation standards section 19-72(b) of this chapter.

(b)

Final reclamation. The following standards apply to all areas (not otherwise governed for reclamation under section 19-5(a) of this chapter) where mining is completed or a rock strata has been mined, and mining activity is not scheduled for resumption for a period of twenty (20) years. Final reclamation shall be consistent with the operator's MAMPA and MOPA:

(1)

General.

a.

Vegetation shall occur or be re-established throughout the site, except for approved sheer walls, resulting water bodies, areas to be utilized as settling ponds or areas approved by the county for other land uses.

b.

Twenty (20) percent of the area must have retained or re-established native vegetation consistent with that existing on the site prior to the mining activity.

c.

Revegetation of reclaimed areas shall be designed to provide for natural vegetative associations which will mature to productive wildlife habitat. Revegetation shall consist primarily of perennial species native to the area or other species approved by the department. The methods of its establishment shall be specified and shall be consistent with accepted and recommended agronomic practices. Whenever possible, the species of vegetative cover re-established shall closely resemble those found on the active mining area prior to mining operations.

d.

All overburden and spoil banks shall be left in a configuration which is in accordance with accepted conservation practices and which is consistent with the approved future use of the land or a proposed use for which a rezoning or comp plan amendment has been filed. Whenever practical, said overburden and spoil banks shall be used as topsoil to facilitate revegetation of slopes and other surfaces. Overburden must be retained on site in sufficient quantities to support reclamation purposes. Any removal of soil offsite must be approved as part of the mining operation plan approval (MOPA).

e.

If nuisance exotic vegetative species have occurred naturally in the area and the effects are determined by the department to be hazardous to reclamation efforts, the operator must use acceptable control mechanisms to eliminate the nuisance species.

f.

Except for sheer walls, the final slopes after reclamation shall not exceed a steepness of three (3) horizontal feet to one vertical foot.

g.

The establishment of wetlands on a portion of the reclaimed area, if feasible, shall be considered.

h.

Provisions for safety to persons, livestock, and to adjoining property must be provided.

(2)

Sheer walls.

a.

Where a sheer wall occurs above the water line and within one thousand (1,000) feet of mining property boundaries, it shall be sloped. Slopes shall not exceed two (2) horizontal feet to one vertical foot.

b.

The slope shall be stabilized, if necessary, with the planting of vegetation compatible with the soil type and approved by the department.

c.

Where the sheer wall is not within one thousand (1,000) feet of the mining property boundaries or an access area, a transition shelf designed in accordance with the rules of the department of natural resources shall be established.

(3)

Open water bodies. The following reclamation standards apply to water bodies:

a.

Open water bodies do not have to be reclaimed to a different land cover; however, one of the following shorelines shall be provided:

1.

A littoral shelf not less than eighteen (18) feet in width, built in accordance with the standards established by the state department of natural resources; or

2.

A straight slope not steeper than four (4) horizontal feet to one vertical foot and extending downward to an average water depth of six (6) feet.

b.

The establishment of a littoral zone or slope may not be required where the board has previously approved a future land use not conducive to the establishment of a littoral zone.

(4)

Settling ponds. Where areas have been utilized as settling ponds, the area may be reclaimed as a wetland, an upland or a combination of uplands and wetlands. Final reclamation standards (1)a., c., e., f. and h. above apply. In addition, the reclamation plan must address the following:

a.

The abandonment of dikes and embankments in a manner that does not endanger adjacent properties.

b.

The long-term maintenance of any remaining dikes and embankments.

c.

Methods to be utilized to de-water ponds which are to be reclaimed as uplands.

d.

The use of topsoil to facilitate the revegetation process.

(Ord. No. 93-13, § D-2, 6-29-93)