Sec. 742-206. - Gravel, Sand, and Borrow Secondary Zoning District.
A. Purpose. The purpose of this Section 742-206 is to:
1. Provide for the greatest practical balance between the protection of the usefulness, productivity, and scenic value of all land, air, and water resources within Marion County, and the need to maintain an efficient and productive mining industry;
2. Prevent soil erosion and sedimentation as a result of any earth changing activity associated with a mining operation;
3. Prevent contaminants that may cause or tend to cause health-related problems from entering the atmosphere, soil, surface water, or groundwater;
4. Establish an effective local role in the regulation and redress of blasting, operational, and monitoring activities of mining operations to protect adjacent landowners and the general public;
5. Set forth procedures for the submission of a plan documenting the proposed reclamation of the land or portions of the land when mining operations have ceased, and financial guarantees ensuring implementation of the approved reclamation plan;
6. Ensure an adequate review of mining operations when mining uses are proposed on land designated as "Environmentally Sensitive" by the Comprehensive Plan; and
7. Ensure a desirable and successful reclamation and reuse of land when mining operations have ceased, in fulfillment of Comprehensive Plan objectives.
B. Applicability.
1. No gravel, sand, or other mineral or earthen materials shall hereafter be mined or processed in any part of Marion County, except in conformity with these regulations.
2. These regulations shall be in addition to all other applicable primary and Secondary Zoning District regulations, and in case of conflict, the more restrictive regulations shall apply.
3. A separate Improvement Location Permit shall be required for each mining operation.
4. Existing mining operations that have a permit shall be considered legally established non-conforming uses that may conduct mining operations on the land included with the applicable permit.
5. Nothing in this Section 742-206 is intended to supersede any requirement of state or federal law, except that this section may impose stricter requirements, in whole or in part, than may be imposed by any county, state, or federal authority.
6. Nothing in this Section 742-206 shall prevent the Department of Code Enforcement from enforcing the environmental public nuisance ordinance.
C. Additional permitting requirements.
1. Required submittal material. An application for an Improvement Location Permit pursuant to Section 740-800 Improvement Location Permits shall include the following additional permitting requirements:
a. A completed application in the form specified by the Administrator.
b. The requisite application fee, according to the fee schedule adopted by the Commission.
c. Financial guarantee pursuant to Section 742-206.K.;
d. A legal description and stated acreage of the proposed affected land.
e. A vicinity map of the area, in a scale sufficient to show the proposed affected land, any dedicated right-of-way or easement, and the boundaries of all parcels lying within 660 feet of the affected land and mining operation, or a depth of two property ownerships, whichever is less.
f. The name and addresses of the following shall be provided:
1. The mine operator if the operator is someone other than the applicant;
2. Every legal owner of the affected land;
3. Every legal owner of the mining operation (surface and mineral);
4. Every owner of any leasehold interest in the affected land;
5. Every owner of any leasehold interest in the mining operation;
6. All purchasers of record of the affected land under a real estate contract;
7. All purchasers of record of the mining operation under a real estate contract;
8. The single proprietor, if the applicant is a single proprietor;
9. All registered agents required by the Secretary of State; and
10. The highest ranking officer, member or partner that resides in the State of Indiana, if the applicant is a partnership, corporation, association or other business entity other than a single proprietor.
g. A spill prevention control and countermeasure plan, in accordance with applicable regulations of the United States Environmental Protection Agency and Indiana Department of Environmental Management.
h. The names and addresses of the owners of property lying within 660 feet of the affected land and mining operation, or a depth of two property ownerships, whichever is less, as shown by records of the Marion County Assessor and dated not more than 45 days prior to the date of application.
i. A copy of all applications, approvals, or permits required from other city, county, state, or federal agencies for the proposed mining operation.
j. If the applicant is a partnership, corporation, association, or other business entity other than a single proprietor a list of names under which the applicant, partner, or principal shareholder previously operated a mine within the State of Indiana within five years preceding the date of application shall be provided.
k. An operations plan, pursuant to Section 742-206.H.
l. A reclamation plan, pursuant to Section 742-206.I.
2. Review procedure. The following describes the general procedure for the processing of an Improvement Location Permit application for a mining operation:
a. Before an application is submitted, the applicant shall request a pre-application meeting with the Administrator to discuss the proposed operation and to clarify application requirements.
b. At any time during the review of an Improvement Location Permit application, the Administrator may request, in writing, additional information that is reasonably necessary to make any findings, determinations, or decisions on an application. A request for additional information shall specify a date by which the Administrator is to receive the additional information. Failure to provide information in a timely manner may be grounds for denial of the application.
c. The Administrator shall review the Improvement Location Permit application and make a determination of completeness within 30 days of receipt of the application. In determining whether or not the application is complete or incomplete, the Administrator shall communicate this determination in writing to the applicant. In the event that the Administrator determines that the application is incomplete, a new completeness review period of 30 days shall commence from the date of receipt of the missing or inadequate information. If the Administrator fails to make a determination of a complete application within the time frames specified above, the application will be deemed complete.
d. Once an Improvement Location Permit application has been determined to be complete, the applicant shall be required to submit a full and complete copy of the application to the Marion County Soil and Water Conservation District, Marion County Surveyor, Marion County Public Health Department, the appropriate water utility, and Indianapolis Department of Public Works, or their successors.
e. The Administrator shall render a decision on the Improvement Location Permit application within 90 days from the acceptance of a complete application, or the latest request for information, whichever occurs last. If the Administrator does not approve or deny the application within 90 days of the determination of a complete application, the application shall be deemed to be approved.
D. Permitted uses. On any parcel in a gravel-sand-borrow Zoning District, no structure or land associated with a mining operation shall be used and no building, structure, or equipment shall hereafter be located, constructed, erected, placed, converted, enlarged, extended, reconstructed, improved, repaired, restored, or relocated except in establishing one of the following uses:
1. All uses permitted in the Primary Zoning District in which the Gravel-Sand-Borrow District is located, provided no other Secondary Zoning District prohibits the land use.
2. Mining or excavating of sand, gravel, or other mineral or earthen materials.
3. Temporary facilities that process or stockpile sand, gravel, or other mineral or earthen materials, mined on the premises, for a period not to exceed five years from the commencement of operation or issuance of the Improvement Location Permit, whichever occurs first.
4. Permanent facilities that process or stockpile gravel, sand, or other mineral or earthen materials, mined on the premises or elsewhere, shall only be permitted in a gravel-sand-borrow Secondary Zoning District carrying a SU-23 primary zoning classification.
5. Legally established non-conformities.
a. Nothing in the Zoning Ordinance shall prevent an existing mining operation from enlarging, constructing, converting, extending, reconstructing, repairing, restoring or relocating buildings, structures, or equipment, provided the buildings, structures or equipment meet the required setbacks and height limitations prescribed by the primary and secondary zoning classifications, and provided the degree of nonconformity is not increased.
b. Nothing in the Zoning Ordinance shall prevent a legally established mining operation from extending or enlarging a mining pit in accordance with the applicable, previously issued permit.
c. The installation of or replacement with new equipment shall require compliance with the secondary containment requirements of Section 742-206.F.
E. General regulations.
1. Minimum setbacks, yards, and buffer strips.
a. The minimum front setback shall be 150 feet measured from the lot line. The minimum side yard and rear yard setback shall be 175 feet measured from the lot line. Permanent construction within the front, side or rear setback shall be limited to landscaping, buffering, berms, entrance roads, transportation facilities, fencing, signs and utilities.
b. A buffer strip of at least 100 feet in width shall be maintained between any mining operation and the normal high water line of any river, stream, or water body, not associated with the mining operation.
c. A buffer strip of at least 100 feet in width shall be maintained between the mining operation and any wetlands or wildlife habitat for threatened or endangered species, as defined by Indiana Department of Natural Resources or US Fish and Wildlife Service.
2. Landscaping and buffer strip requirements. Within the minimum setback distance, a landscaped yard and buffer strip shall be provided. All plantings shall be installed by the next planting season. The landscaped yard shall be a minimum width of 50 feet measured from the lot line or right-of-way. Minimum landscaping for the landscaped yard shall include one deciduous overstory tree, two and one-half-inch caliper at time of planning, planted every 30 feet on center for the linear distance along the lot line or right-of-way line. A buffer strip shall be provided using one of the following two methods:
a. Earthen berm. An undulating earthen berm shall be constructed to provide a continuous buffer strip along a lot line or right-of-way. In no instance shall an earthen berm be constructed closer than 50 feet to a lot line or a right-of-way. An earthen berm shall be built to a maximum height of 12 feet above the natural surface of the ground. In no instance shall the peak height of an earthen berm be less than three feet measured from the established street grade. The berm shall be planted and maintained with native grasses or native wildflowers and registered with the City of Indianapolis native wildlife planting registry and agreement program.
b. Vegetated buffer strip. A vegetated buffer strip shall be planted and maintained consisting of two staggered rows of evergreen trees, each row planted 15 feet on center, with a height of five feet at time of planting.
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Diagram J Earthen berm buffer strip cross-section
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Diagram K Vegetative buffer strip cross-section
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Diagram L Earthen berm buffer strip plan view
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Diagram M Vegetated buffer strip plan view
3. Fencing, gates and signage. A security fence measuring at least six feet in height shall be required at the perimeter of the affected land as shown on the approved site and development plans. All fences shall extend to the ground to preclude openings of more than four inches between the ground and the fence. All gates shall be installed to fence height at all entrances. All unattended gates shall be self-closing, self-latching, and locked when not in use. Fences and gates shall be maintained in good repair, and shall exhibit signs, at intervals of not more than 200 feet warning against trespass. Signs warning against trespassing shall be between one square foot and three square feet. Refer to Section 744-510 for additional regulations governing fences. Refer to Chapter 744, Article IX for additional sign regulations.
4. Topsoil management. Once removed, topsoil shall either be used in contemporaneous reclamation or stored in an environmentally acceptable manner, including seeding, mulching, or otherwise temporarily stabilizing the stockpile. In no instance shall topsoil be stockpiled under three feet or more in depth for longer than two months. Stormwater runoff shall be diverted around all locations in which topsoil is stockpiled. Stockpiles within 500 feet of any residence shall not exceed 50 feet in height. No portion of a stockpile shall be located closer than 200 feet to the centerline of any public right-of-way. Topsoil that has been removed may be sold; however, in no instance shall the sale of removed topsoil relieve or reduce any of the requirements of the reclamation plan.
F. Operating regulations.
1. Hours of operation. With the exception of blasting and scale house operations, the hours of operation for all activities in the mining pit shall be from 6:00 a.m. until 6:00 p.m. or sunset, whichever is later, on weekdays and Saturdays. The hours of operation for all scale house activities occurring on weekdays and Saturdays shall not be limited by the Zoning Ordinance. All mining operations are prohibited on Sunday and holidays recognized by the State of Indiana. Refer to Section 742-206.G.1.a. for regulations that govern the hours of operation for blasting.
2. State and federal permits. A copy of all permits required for the mine operation pursuant to State and Federal pollution control laws and regulations shall be maintained on-site and available upon request.
3. Erosion control.
a. The Administrator shall be provided a copy of the approved erosion control plan required to be obtained pursuant to applicable state and federal law.
b. Surface water shall not be allowed to leave the site in a manner that causes flooding, erosion, or alteration of natural drainage patterns. Surface water originating outside and passing through the affected land shall, at its point of departure from the affected land, be of equal quality to the water at the point where it enters the affected land.
c. Overburden removal shall be limited to the area of the operation expected to be mined during a two-year period. Overburden removal areas that are not actively being mined shall be seeded and maintained with a permanent cover crop to prevent wind and water erosion.
d. Soil restoration and seeding shall occur within each phase as soon as final grade levels, or interim grade levels identified in the reclamation plan, have been reached. Exceptions to seeding and mulching include the processing, storage, and staging areas within each phase.
e. Final reclaimed slopes shall be treated to prevent erosion. Topsoil of at least four inches in depth shall be placed on the final slopes to support vegetation. Ground cover shall be planted by the next planting season after a slope is excavated to its final position. Ground cover shall be maintained thereafter to prevent erosion.
4. Dust control.
a. Fugitive dust from the mining operation shall be suppressed. In no instance shall petroleum-based products be used for fugitive dust suppression for mining operations located in a Wellfield Protection District.
b. Wet suppression control system equipment shall be used when processing dry materials outdoors. When processing dry materials outdoors, wet suppression control system equipment shall be installed and maintained at all crushing and sorting and sizing equipment and conveyor transfer points.
c. Unpaved areas travelled by vehicles shall be sprayed with water on an as-needed basis to minimize the generation of dust.
d. Driveways or haulageways within 100 feet of a right-of-way shall be paved.
e. Before entering a right-of-way, all loads of aggregate shall be leveled maintaining at least six inches between the materials and the top of the container, and either stabilized with dust suppressant, or completely covered. If dust suppressants are used, records documenting this activity shall be kept on-site for a period of two years.
5. Groundwater protection. To ensure adequate protection of groundwater, the following shall be required:
a. In the W-1 and W-5 Districts, no surface impoundments, ponds, or lagoons shall be established except for stormwater retention/detention ponds.
b. In the W-1 and W-5 Districts, there shall be no dewatering of sites. Incidental use or pumping of water shall be allowed.
c. A minimum separation of 200 feet shall be maintained between any excavation and any drinking water supply that is a point-driven or dug well and that was in existence prior to the excavation.
d. A minimum separation of 100 feet shall be maintained between any excavation and any drinking water supply that is drilled into saturated bedrock and that was in existence prior to the excavation.
e. A minimum separation of 1,000 feet shall be maintained between any excavation and a public drinking water source.
f. No substance or item harmful to groundwater quality, such as, salt, creosoted timber, tree stumps, petroleum products, metal products, or rubbish shall be dumped or stored in a mining pit. No form of solid waste, sludge, or any other form of waste material of any kind, such as, construction or demolition debris, shall be placed, kept or stored on the site, with the exception of salt sand piles kept in accordance with state law or local regulations.
g. If any petroleum products or other materials with potential to contaminate groundwater are to be stored on the site, the storage shall follow the specifications of the submitted spill prevention control and countermeasure plan. The spill prevention control and countermeasure plan shall be in accordance with applicable regulations of the United States Environmental Protection Agency and Indiana Department of Environmental Management. All petroleum products or highly flammable or explosive liquids, solids, or gasses to be stored on-site shall be located in bulk, above-ground, anchored tanks or containers having a roofed, secondary containment system adequate to contain 110 percent of the full contents of the container, and shall be located at least 75 feet from any lot line or right-of-way. The use of underground tanks shall be strictly prohibited.
h. Refueling operations, oil changes, and other maintenance activities requiring the handling of fuels, petroleum products, and hydraulic fluids, and other on-site activity involving the use of products that, if spilled, may contaminate groundwater, shall be equipped with a secondary containment system installed in accordance with the Zoning Ordinance and the approved spill prevention control and countermeasure plan.
i. A copy of the spill prevention control and countermeasure plan shall be kept on-site and available upon request at all times.
j. Materials safety data sheets shall be maintained on-site for all hazardous materials in a conspicuous location. A map showing the location of hazardous materials storage areas shall also be posted and maintained on-site in a conspicuous location. A copy of this information shall be submitted to the Administrator and the local fire department.
k. Absorbent materials and appropriate spill kits for cleanup of hazardous materials shall be maintained on-site at all times. The location of these materials shall be identified on the hazardous materials storage map.
l. All spillage of hazardous materials including fuels, lubricants, solvents, etc. shall be immediately contained. Cleaning materials and contaminated materials shall be disposed of according to state regulations.
6. Access and haulageway requirements.
a. An application for a permit referred to in Section 742-206.C. or M. shall be subject to the provisions of the "Applicant's Guide, Transportation Impact Studies for Proposed Development," dated June 29, 1990.
b. Access to a right-of-way shall meet the following standards:
1. The angle of intersection of the driveway or haulageway shall be between 60 and 90 degrees from parallel.
2. No obstructions shall be erected, placed, planted or allowed to grow in such a manner as to materially impede visibility between the heights of two and one-half feet and eight feet above grade level of the adjoining right-of-way within the clear sight triangular area.
Table 742-206-1: Distance along Centerline for Clear Sight
Street classification | Distance along the centerline of the public street
Expressway | Direct access not permitted
State Road or Highway | 495 feet
Primary Arterial, divided | 360 feet
Primary Arterial, undivided | 305 feet
Secondary Arterial | 305 feet
Collector | 250 feet
Local | 250 feet
3. Driveways shall be at least 200 feet from any street intersection.
c. With the exception of driveways intended for emergency use only, no more than two driveways shall be provided for the mining operation. The grade level of the driveway extending for at least eight feet shall be the same as the abutting established street grade.
d. A sign shall be posted in a conspicuous manner indicating that loads must be secure and covered per Section 361-201 Vehicles Dropping Contents on Streets of the Revised Code of the Consolidated City and County.
e. All vehicle ingress or egress points shall be locked except during hours of operation.
f. Driveways connecting to a public street shall be kept clean of dirt, mud, stone, and sand to prevent tracking onto the public street.
g. Affected land in excess of 25 acres shall install and utilize a wheel washer in accordance with the following:
1. The wheel washer shall be located no closer than the allowed minimum setback distances to each exit onto a paved public road that is used by aggregate or mixer trucks and that accesses a paved public street.
2. A sign shall be posted in a conspicuous location indicating that all aggregate or mixer trucks leaving the facility must go through the wheel washer.
3. A sign shall be posted by the wheel washer rumble grate to designate the speed limit of five miles per hour for traveling over the wheel washer.
4. The internal road from the wheel washer to the point where the facility exits to the street shall be paved.
5. A sign shall be posted in a conspicuous location indicating that all aggregate and mixer trucks stay on the internal paved road from the wheel washer to the point where the facility exits to paved public roads.
7. Noise. With the exception of blasting, the level of noise associated with any continuous, regular, or frequent source of sound on the property shall be muffled so as not to be objectionable due to intermittence, beat, frequency, shrillness, or volume outside of the boundaries of the affected land. The sound level created by any source shall not exceed 70 dB(C) and 60 dB(A), measured at the lot line except along a lot line contiguous to another property owned by the same property owner and approved for mining operations. Sound pressures shall be measured with a sound level meter meeting the standards of the American National Standards Institute's "American Standard Specification for General Purpose Sound Level Meters." The instrument shall be set to the appropriate weight response scales and the meter to the slow response. Measurements shall be conducted at a height of at least four feet above the ground surface at the lot line, and in accordance with ANSI S1.2-1962, "American Standard Method for the Physical Measurement of Sound." Both dB(A) and dB(C) scales shall be used, and a violation of either standard shall be deemed a violation of the Zoning Ordinance. The following uses and activities shall be exempt from noise level regulation: noises of safety signals, warning devices, emergency pressure relief valves, and other emergency activity.
G. Blasting.
1. General requirement. The following regulations are in addition to all applicable state and federal blasting regulations. In the event of a conflict between local, state or federal regulations, the more restrictive regulation shall apply.
a. All surface blasting shall be limited to the period between 10:00 a.m. and 3:00 p.m., Monday through Saturday, with the exception of holidays. No blasting shall occur on holidays recognized by the State of Indiana. Subsurface blasting shall be limited to the period between 1:00 p.m. and 6:00 p.m., Monday through Saturday. Every effort shall be made to schedule blasts at the same time of day. Explosives used in connection with mining shall not be detonated at other times except when necessary to alleviate a hazardous condition or as required to comply with applicable governmental regulations.
b. Surface or subsurface blasting shall be conducted no closer than 250 feet of the lot line of any property improved with a protected structure. Blasting shall be conducted no closer than 100 feet of any underground pipeline, unless the pipeline company authorizes or confirms, in writing to the Administrator, a lesser distance.
c. The maximum air blast limits shall be governed by the following Table 742-206-2, based on the former U.S. Bureau of Mines RI 8485, Structure Response and Damage Produced by Airblast from Surface Mining (Siskind 1980). Air blast shall be controlled so that the maximum decibel limits are not exceeded at the lot line of the affected land on which the blast occurred.
Table 742-206-2: Lower Frequency Limit of Measuring System in HZ 3dB Measurement Level
0 Hz or lower - flat response | 134 dB
2 Hz or lower - flat response | 133 dB
6 Hz or lower - flat response | 129 dB
C-weighted - slow response | 105 dB
2. Monitoring guidelines.
a. All blasts shall be monitored by properly calibrated seismographs at any monitoring station for both horizontal and vertical ground vibrations and for air blast. The locations of the monitoring stations shall be determined utilizing recommendations from isoseismic studies, if conducted, and shall include locations at the closest protected structures. The Administrator may require that additional monitoring stations be established or re-established based upon the analysis of blast data.
b. Records from each blast, both surface and subsurface, shall be kept on-site and provided to the Administrator upon request. Blast records shall be maintained for a period of not less than three years. Blasting records shall include, but not be limited to, the following:
1. The date, time, and specific location of the blast;
2. The type of blast, either surface or subsurface;
3. If surface blast, the weather conditions, including air temperature, wind speed and direction, and cloud cover;
4. Identification of the closest protected structure, and its distance from the blast;
5. The name and license number of the person conducting the blast; and
6. The number of holes, diameter and depth of holes, delay pattern and design, and number of detonators used.
H. Operations plan. The operations plan shall consist of maps and written descriptions of the proposed mining operation. All operations plan maps shall be prepared, at a horizontal scale to show sufficient detail, provided the documents produced are eight and one-half inches by 11 inches, eight and one-half inches by 14 inches, 11 inches by 17 inches, or 24 inches by 36 inches. All maps shall be prepared by a Professional Engineer, Professional Land Surveyor, licensed Professional Geologist, or other individual trained in such preparation, and stamped by a professional licensed in Indiana. The operations plan shall include, but shall not be limited to, the following:
1. An accurate site plan in accordance with Section 740-802 Application for Permit, as amended from time to time.
2. Title block and legend containing the name and address of the mining operation; property owner and mine operator name and contact information; name of the individual responsible for preparation of maps or aerial photographs; date of preparation and record of work/revisions; and scale, north arrow, and reference datum.
3. The boundary outline and legal description of the affected land for the life of the mine.
4. A map of the location of the proposed mine, including boundaries of all contiguous land controlled by the applicant.
5. A map of the structures and land uses on the affected land.
6. Within a one-quarter mile radius of the boundary line of the affected land, the following information shall be provided:
a. Names and addresses of adjacent landowners;
b. Structures and land uses on all properties, in sufficient detail to distinguish designated protected structures from non-protected structures;
c. A map identifying existing surface waters drainage patterns;
d. A description of the potable status of the groundwater, with the source noted;
e. Existing private wells and municipal wellheads;
f. All existing wellfields;
g. All existing retention ponds or lakes; and
h. Surface water drainage capacity.
7. Topographic contours at two-foot intervals within the site and extending beyond the boundaries of the site for 200 feet in all directions.
8. Pipelines, power lines, and other utilities.
9. Easements.
10. Site vegetation, landscaping, and berming.
11. The general direction of mining during the next five-year period, including the sequence of cuts and excavations, plans for concurrent excavation and reclamation, if applicable, and overall development of the mine by phases, if applicable.
12. Areas of excavation and the depth of excavation.
13. Areas of topsoil and mineral stockpiles, and tailings and spoil storage, and the anticipated height of the stockpiles.
14. Processing plant areas, if applicable.
15. Equipment and vehicle maintenance areas, equipment and vehicle storage areas, fueling areas, fuel storage areas, and parking areas.
16. Driveways and haulageways with estimated average daily and peak daily levels of truck traffic.
17. Drainage features, water courses, water discharge points, water impoundments, and groundwater monitoring locations.
18. Erosion and sedimentation control measures to be employed during each phase of mineral excavation and extraction activities intended to minimize erosion and the pollution of surface water and groundwater.
19. Site screening, fencing, berming, and landscaping.
20. Lighting and signs.
21. A description of the general geographic location of the affected land.
22. A description of topographic and land use features within and adjacent to the affected land.
23. A description of the proposed method of mining, including the method of extraction; sequence of cuts and excavations; method, types, and location of blasting, if applicable; disposition of materials on the affected property, and use of haulageways and ingress and egress from any street.
24. Soil boring results sufficient to approximate the number of cubic yards of material to be extracted.
25. For subsurface mining, subsidence investigations or studies shall be completed to ensure the integrity of any subsurface mining. Subsidence investigations or studies may not be necessary for future phases of an existing mining operation when geological conditions are the same and the proposed mining operation for the new phase is consistent with prior mining operations.
26. A description of anticipated washing operations and groundwater extraction and use.
27. A description of the heavy equipment used.
28. A description of noise impacts and mitigation plan to minimize impacts of noise, providing:
a. An existing conditions analysis, including measurements at adjacent property and nearby protected structures;
b. A list of equipment and operations that may contribute to noise pollution;
c. Projections of sound decibel levels, due to blasting or mining operations, at lot lines, and adjacent protected structures;
d. Methods to be used to protect nearby private and public property from damages, and the adverse effects of blasting;
29. A description of dust control and air quality maintenance efforts.
30. If the affected land is located within a Wellfield Protection Secondary Zoning District, a hydrogeological study of the potential impact to the public water supply and a description of any mitigation proposed. The study shall indicate the following information:
a. Full geologic and hydrogeological evaluation, including all soil and bedrock boring logs, field aquifer testing, and photographic documentation of rock cores and rock quality;
b. Geologic cross-sections through existing and proposed mining operations;
c. Historical groundwater level measurements of all monitoring wells, piezometers, and surface water bodies, including geographic location, reference surface elevation, depth to groundwater, date of measurement, survey reference location, and elevation;
d. Potentiometric (water level) maps for each date of measurement of the group of monitoring wells and piezometers;
e. Historical pumping rate records for any existing mine, including date of measurement, flow rate (in gpd), discharge rate (in gpd), and pumping locations; and
f. Summary of historical high-capacity pumping records within one quarter-mile of the affected land.
31. Groundwater modeling analysis shall be prepared for any new mining operation to determine the hydrogeological effects of the mining on the area and the groundwater availability and groundwater elevation under the current, proposed, drought, and flood conditions. The analysis shall consider:
a. Area geology and hydrogeology;
b. Existing and proposed mining pumping rates;
c. Historical high capacity pumping rates within one quarter-mile of the affected land;
d. Hydraulic parameters of all hydrographic units;
e. Area recharge;
f. The presence of, and leakage from, area surface water bodies (including lakes and rivers);
g. Pumping water discharge areas; and
h. Surface water and groundwater interactions.
32. A list of the following:
a. Chemicals, in quantities and storage locations, used or stored on-site;
b. Floor drain locations and outlets;
c. Waste storage locations;
d. Liquid transfer areas;
e. Site surface water bodies (streams, rivers, ponds);
f. Underground storage tanks; and
g. Aboveground storage tanks.
33. A complete spill prevention control and countermeasure plan to ensure adequate response to potential fuel spills and releases from mining equipment, and developed in accordance with local, state, and federal regulations.
34. Emergency response measures in the event of a release of a hazardous material or objectionable substance that could impact water quality.
35. Proposed hours of operation.
36. Security plans for the site.
I. Reclamation plan. A reclamation plan shall be submitted for review and subject to Administrator's approval. The following shall be included in the reclamation plan.
1. Reuse of the affected lands after cessation of all mining operations, or if mined in phases, after each phase of mining operations that is compatible with the Comprehensive Plan.
2. Schedule and sequence for the completion of reclamation activities that shall be completed upon the conclusion of mining operations.
3. Description of the earthwork and grading specifications, including final slope angles, high wall reduction, benching, terracing and other structural slope stabilization measures and, if necessary, a site-constructed engineering analysis performed by a Professional Engineer licensed by the State of Indiana.
4. Methods of topsoil removal, storage, re-application, stabilization and conservation that will be used during reclamation.
5. Topographic contours of the reclaimed site prior to excavation, after completion of excavation, and after completion of reclamation, in two-foot intervals, and any water impoundments or artificial lakes needed to support the anticipated future use of the site.
6. Landscape plan indicating scheduling, quantities and methods of seedbed preparation, soil amendments, seed and planting lists, mulching, netting, and soil and slope stabilization.
7. Erosion and sedimentation control measures to be employed during reclamation activities to minimize erosion and the pollution of surface water and groundwater.
8. A description of how the reclamation plan addresses the long-term safety of the reclaimed mining site. The description may include a discussion of site-specific safety measures to be implemented at the site and include measures that address public safety with regard to adjacent uses.
9. Phasing schedule for any areas reclaimed on an interim basis and prior to final reclamation.
10. The estimated cost of reclamation, if phased, the cost of reclamation for each phase.
11. Depth and slope of any water bodies.
J. Reclamation standards.
1. Commencement and completion. Reclamation, in accordance with the approved reclamation plan, shall begin within six months of the completion of any phase of mining, or within six months of the completion of all mining in a project that is not phased, and shall be completed within two years after cessation of the mining operation.
2. Developable land. There shall be a minimum of 150 feet of land around a water-filled pit, unless the land is accessible by a local street. If a local road is present, there shall be a minimum of 100 feet of land around a water-filled pit.
3. Safety ledge. A safety ledge shall be required around the perimeter of all water bodies. Safety ledge width shall be a minimum of 10 feet; and the maximum depth shall be 25 inches to 30 inches below the normal pool water level. Maximum ground slope above the safety ledge for a distance of 10 feet shall be 6:1 horizontal to vertical incline.
[image omitted; see the official code]
Diagram N Reclaimed site
4. Final grading and slopes. Final reclaimed slopes shall not be steeper than a 3:1 horizontal to vertical incline. The top of slope shall be no closer than 125 feet from adjacent lot lines or rights-of-way. For slopes designated as stable under this Section 742-206, the Administrator may require a site-specific engineering analysis be performed by a Professional Engineer to demonstrate that an acceptable slope stability factor is attainable at a steeper slope in order to demonstrate that future uses, as specified in the reclamation plan, would not be adversely affected.
5. Support roads. All driveways and haulageways shall be reclaimed, unless reserved for the future productive use of the land, as described in the reclamation plan.
6. Equipment removal. Within six months after completion of reclamation activities, all equipment, vehicles, machinery, materials, and debris shall be removed from the site.
7. Topsoil re-application and vegetative cover. A minimum of four inches of clean topsoil shall be re-applied, and vegetative cover established, on all affected land during reclamation activity. Topsoil shall be placed and seeded within 30 days of final grading if within a current growing season or within 30 days after the start of the next growing season. A minimum of one overstory trees shall be planted for every 35 linear feet of each lot line. Vegetative material used in reclamation shall consist of native grasses or native wildflowers and registered with the City of Indianapolis native wildlife planting registry and agreement program. Establishment of vegetation shall be performed after the mining operation has permanently ceased in any phase of the mining operation, with the herbaceous or woody plants being planted during the first growing season following the reclamation phase, as determined by the approved reclamation plan.
8. Compliance with applicable regulations. Reclamation of mining operations shall comply with any applicable federal, state, or local laws.
K. Assurance of completion, reclamation and maintenance.
1. Before the Administrator may issue a new, renewal, or modification permit for mining operations, the applicant shall furnish financial guarantee, naming the City of Indianapolis as beneficiary, to ensure installation of improvements required by this article or necessary due to the impact of the mining operation, along with reclamation of the mining operation in accordance with the approved reclamation plan. Financial guarantee shall be in the form of a bond from a corporate surety licensed to do business in the State of Indiana, or an irrevocable letter of credit. All interest accruing as a result of the surety shall be the exclusive property of the operator. The amount of financial guarantee shall be one and one-half times the cost of completing the necessary or required improvements and either final reclamation or phased reclamation in compliance with the approved reclamation plan, as determined by the Administrator. The Administrator may accept a lesser initial amount of financial guarantee in the case of phased reclamation, the amount to be increased periodically to ensure reclamation of new land disturbed by mining operations. The amount of financial guarantee shall be reviewed periodically by the Administrator to ensure that it equals anticipated or outstanding costs, including a reduction in the amount of the guarantee, where applicable.
2. The holding of financial guarantee may extend beyond the time that reclamation is completed to ensure that reclamation of the mining operation will succeed. However, the operator, in the case of phased reclamation, may request partial release of the financial guarantee reflective of the amount of the completed work of any affected land on which final reclamation has been completed and approved by the Administrator. The operator may also request, for the entire mining operation or for any phase of the mining operation, release of a surety amount applicable to the completed and approved reclamation effort, pending completion of the reestablishment of vegetation. The remaining guarantee amount may be held by the Administrator. To request release of funds, the operator shall notify the Administrator at the time that the operator determines that reclamation of any portion of the mining operation or the entire site is complete. The Administrator shall inspect the mining operation or portion thereof to determine if reclamation has been carried out in accordance with the approved reclamation plan and release funds if it determines that all or a portion of the reclamation effort has been successfully completed and that adequate funds remain to cover the reclamation work yet to be completed.
3. If the required financial guarantee is cancelled for any reason, the operator shall provide a valid replacement under the same conditions described in this Section 742-206 within 30 days after receiving notice of the need for replacement. Failure to provide replacement financial guarantee within the 30-day period, or failure to provide additional surety within a like 30-day period due to start-up of new phases of the mining operation shall result in the automatic and immediate suspension of the applicable Improvement Location Permit or license, such suspension shall continue until the operator provides the Administrator with a valid replacement or additional financial guarantee. The Administrator may elect to redeem the financial guarantee.
4. If the operator fails to install improvements as required or fails to commence or complete reclamation as required, the Administrator may utilize the financial guarantee furnished by the operator to effect the installation or reclamation.
L. Annual reports. An annual report shall be submitted within 60 days of the anniversary date of the applicable Improvement Location Permit or license. The operator may submit its first annual report within 60 days of the end of the calendar year; provided, however that the operator shall continue to submit an annual report within 60 days of the end of the calendar year every year thereafter. The annual report shall contain the following information:
1. The name, business address, and telephone number of the owner of the mining operation and of a designated agent residing within Indiana for the receipt of all orders and notices.
2. The location of the mining operation, its name, its mine number as issued by the Bureau of Mines or the State Geologist, its section, township, range, tax parcel numbers, and boundaries as marked on a United States Geological Survey 7½-minute quadrangle map.
3. A written description of activities detailing the mining and reclamation accomplished during the past year.
4. An updated mining plan depicting the current extent of mining, including current mining faces as surveyed by a registered land surveyor or as depicted on a current aerial photo, the proposed advancement of the working faces for the next three years, and current or immediately impending reclamation efforts.
5. A map showing the acreage total of land newly disturbed by the operation during the previous year and the acreage total of disturbed land reclaimed during the previous year.
6. A map showing the total remaining disturbed acreage as of the end of the previous year that is not reclaimed.
7. Results of studies or monitoring required under this Section 742-206.
8. A statement of certification by the operator that all mining, processing, or reclamation conducted during the reporting year has been in conformance with the permit and the approved operations and reclamation plans, and that the operator is in compliance with this Section 742-206.
9. A statement of whether or not the Indiana Department of Environmental Management has conducted an on-site inspection since submission of the previous report, and a description of their findings if applicable.
10. Copies of correspondence with city, county, state and federal agencies with regard to permitting, complaints, and enforcement matters.
11. A log of all complaints from all persons and a description of efforts to resolve the complaints.
12. A groundwater report that provides information regarding water flows, water quality, and operational activities to ensure protection of groundwater, to include:
a. All groundwater level and surface water level measurements taken during the reporting year (minimum monthly basis);
b. All pumping rates (minimum monthly basis) and total discharge (minimum monthly basis) from the mine;
c. All discharge rates (minimum monthly basis) into nearby surface water bodies;
d. All relevant stream discharge flow measurements (minimum monthly basis);
e. All changes in the location and number of pumping and discharge points;
f. Groundwater and surface water analytical testing during the reporting year (minimum monthly basis);
g. All chemical spills and releases during the reporting year;
h. Observed variations between subsurface soil/bedrock conditions at boring locations and actual mining operations (e.g., variations from expected conditions, areas of increased discharge of groundwater, zones of greater hydraulic conductivity within soil and bedrock); and
i. Results of measurement of vertical separation between the excavation limits and the average seasonally high water table. If the groundwater level is found to be within 15 feet of the bottom of the pit, a piezometer shall be installed in order to provide continuous monitoring of the groundwater level.
13. A blasting report, recording:
a. The location, date, and time of each surface blast and underground blast;
b. The weather conditions for each blast, wind direction and speed, and cloud cover;
c. The name and license number of the person conducting the blast;
d. The identification of the closest protected structure and its distance from the blast;
e. A summary of methods used to protect nearby public and private property from damage by air blast and ground vibration;
f. A complaint log, listing blasting complaints and claims for damages; and
g. All other related information required by the Administrator consistent with the purposes of this article.
M. Licensing permit.
1. Licensing requirement. It shall be unlawful for a person to operate, or cause to be operated, a mining operation in the city, unless the mining operation first is registered with the License Administrator as provided in this Section 742-206.M.
2. Licensing fee. The annual fee for licensing of a mining operation shall be provided in Section 131-501 of the Revised Code of the Consolidated City and County.
3. License renewal or transfer. Licenses issued pursuant to this Section 742-206 may be renewed or transferred, provided the original license holder is carrying out the requirements of the license and there exist no judicial determinations to the contrary at the time of renewal or transfer request. Renewal approval, if issued, shall be for a period of not more than five years. Transfer approval, if issued, shall be for the remainder of the original license period or for not more than five years if transfer is proposed at the end of the original license period. Application for renewal or transfer shall be made 60 days prior to the expiration date of the original license period. If application is not made within the 60-day period, the renewal or transfer application shall be treated as a new application and all requirements of this Section 742-206 shall apply. In the event that the renewal or transfer application is treated as a new application, the original license conditions shall remain in effect until a decision has been made on the new application. An application for renewal or transfer shall include the following:
a. Completed application form and licensing fee consistent with all requirements of this Section 742-206 and the Zoning Ordinance.
b. Proof of financial guarantee, covering the requested renewal period, to ensure compliance with the regulations of this Section 742-206 and the Zoning Ordinance.
c. Changes to the operations plan map, if any.
d. Changes to the operations plan written description, if any.
e. Identification of reclamation accomplished during the existing license term.
f. Copies of all approvals or permits, or licenses needed from other municipality, state, or federal agencies.
g. Other related information that may be required by the Administrator consistent with the requirements of this Section 742-206 and the Zoning Ordinance.
4. License modifications. In the event that the operator requests a modification to an existing license because of, for example, a change in the method, depth or the expansion of the mining operation onto adjacent land, that modification shall be treated as a new application, and all requirements of this Section 742-206 and the Zoning Ordinance shall apply. The original license conditions shall remain in effect until a decision has been made on the modification application.
5. License suspension or revocation. The Administrator may suspend, revoke, or refuse to renew a license for violation of any of the terms of the license or the provisions of this Section 742-206 and the Zoning Ordinance, or if the Administrator determines that serious hazard is posed to the health, safety, or general welfare of the public through violation of the terms of the permit or the provisions of this Section 742-206 and the Zoning Ordinance. If a license is suspended, revoked, or not renewed, the Administrator may require the operator to commence reclamation upon 30-day notice. Any persons aggrieved by an action or determination made by the Administrator may appeal the Administrator's decision, within 30 days of the date rendered, to the Metropolitan Development Commission.
(G.O. 64, 2015, § 2)
