HomeMy WebLinkAboutD-1619-03 Regulate Mining Oper.Sponsor: Councilor's Carter, Rundle & Snyder
ORDINANCE NO. D-1619-03
AN ORDINANCE OF THE COMMON COUNCIL OF THE ~
CITY OF CARMEL, INDIANA,
TO REGULATE MINING OPERATIONS
WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF CARMEL
WHEREAS, mining and the processing of mineral resoumes should give due regard
to (1) the protection of the health, safety and general welfare of the people; (2) the natural
beauty and aesthetic values, and enhancement of the environment of the City of Carmel; (3)
the conservation and reclamation of land affected by such activities in order to restore the land
and to provide for its further beneficial use and to maintain or improve the City's tax base;
and (4) the prevention of erosion, stream pollution, water, air and land pollution and other
injurious effects to persons, property, wildlife and natural resources; and
WHEREAS, it is important to the economic health of the City of Carmel to provide
for the environmentally sound and stable mining and processing of mineral resources existing
within the corporate boundaries of the City of Carmel; and
WHEREAS, the Common Council of the City of Carmel finds that, for the protection
of the public health, safety and welfare of the citizens of Carmel, and to maintain an
environmentally sound and stable mining and processing industry, it is reasonable and
necessary to regulate mining operations as provided in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel, Indiana, that Chapter 6 of the Carmel City Code is hereby amended by adding a New
Article 6 thereto to read as follows:
Section I:
ARTICLE 6. MINING OPERATIONS.
Section 6-166. Definitions.
"Administrator" means the Director of the Department of Community Services (DCS). The
Administrator is hereby authorized and directed to enforce and carry out all the provisions of this
Article, both in letter and spirit and is further empowered to delegate the duties and powers
granted to and imposed upon him or her under this Article. As used in this Article,
"Administrator" shall include his or her authorized representative(s).
"Affected Land" means the sum of acreage that has been mined, will be mined, or will be
affected by mining activity but has not been reclaimed.
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"Air Blast" (also known as "air overprcssure") means airborne waves resulting from the
detonation of explosives. Air Blast may bc caused by burden movement or the release of
expanding gas into the air. Air Blast may or may not be audible.
"Batch Plant" means an asphalt or redi-mix concrete plant.
"Blast" or "Blasting" means thc detonation of explosives by an Operator during Mining.
"Effective Date" means the date on which this Article takes effect.
"Haulageways" means all roads utilized for Mining purposes, together with that area of land
over which material is transported, that are located within thc Mine.
"Isoseismic Study" means an analysis of Blasting events by qualified and independent
vibration experts to determine the optimum conditions under which Blasting can be
accomplished to reduce ground vibration and structural response. ,
"Life of the Mine" means the total economic and environmental limit of a Mining Operation
in acres and/or years.
"Minerals" means any naturally formed, usually inorganic rocks, stone, gravel, sand, soil,
clay, limestone, or minerals located on or below the surface of the earth.
"Mine" means any lands from which Mining, Processing and/or Related Activities will occur,
including all Haulageways and all equipment above, on or below the surface of the ground
used in connection with Mining.
"Mining" means the surface or underground extraction of deposits of Minerals, including
drilling, crushing, grinding, sorting, sifting, sizing, washing, drying, sawing and cutting stone,
Blasting, trimming, punching, splitting, gauging and removal of Overburden and Minerals and
the construction and use of buildings, facilities and equipment to carry out such activities.
"Mining" shall not include the excavation, removal and disposition of Minerals from
construction projects or excavations in aid of agricultural activities.
"Mining Plan" means a document, consisting of an Operations Plan and a Reclamation Plan
that describes proposals for the conduct of an Operator's Mining method and Reclamation of
the land thereof to achieve the purposes of this Article.
"Monitoring Statiori" means any station mandated by City, State, or Federal authorities where
measurements of environmental conditions may be required.
"Operator" means any Person engaged in and controlling Mining, Processing, or a Related
Activity.
"Operation" means any Mining, Processing, Sales, or a Related Activity at a Mine.
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"Overburden" means earth, vegetation, topsoil, subsoil, caprock or non-specification material
that must be removed to provide access to Minerals.
"Particle Velocity" is a measure of ground vibration that describes the velocity at which a
particle of ground moves when excited by a seismic wave.
"Person" means any individual, partnership, corporation, or other legal business entity.
"Processing" means washing, crushing, and processing Minerals, and the operation of plants,
machinery, dams, ponds, canals, power lines, pipe lines, telephone lines, roads, stockpile
areas, buildings or offices, and any other machinery or equipment required for the processing
of Minerals.
"Protected Structure" means any dwelling, public building, school, church, commercial or
institutional building or other building designated as such by the Administrator. Protected
structures do not include structures owned and operated by the Operator.
"Reclamation" means restoration of land in accordance with the Guiding Principles of the
Environmental Stewardship Council of the Indiana Mineral Aggregates Association; the term
also includes such reclamation as may be required by the Common Council or Board of
Zoning Appeals pursuant to any zoning or land use approval.
"Reclamation Plan" means a description of activities to be performed by an Operator to
reclaim the land to be mined over the Life of the Mine. The Reclamation Plan shall describe
the proposed method of reclaiming the Affected Land, providing, where possible, for orderly,
continuing Reclamation concurrent with Mining; and a schedule for Reclamation. The
Reclamation Plan shall include maps, plans, and the schedule for Reclamation, planting plans,
written material and other documents.
"Sales" means the sale and transport of Minerals or the products of Related Activities to
offsite customers.
"Surface Mining" means Mining of Minerals by removing the Overburden lying above
natural deposits thereof and Mining directly from the natural deposits thereby exposed, or the
deposition of Overburden there from, through stripping, quarrying, dredging, Blasting, or
other means, including the Mining of sand and gravel underwater. "Tailings" means material
of inferior quality or value resulting from the removal, preparation, or Processing of Minerals.
"Underground Mining" means Mining of Minerals from beneath the surface of the earth, with
or without removing the Overburden, through tunneling, and including the construction of a
box cut, slope, or shaft.
Section 6-167. Administration of Article.
(a) Generally. No Person may conduct Mining, Processing, or any Related
Activity within the corporate boundaries of the City of Carmel unless (1) such land use is
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permitted or duly approved pursuant to the Carmel Clay Zoning Ordinance and (2) such
Person obtains a permit under this Section.
(b) Supercedure. Nothing in this Article is intended to supercede any requirement
of state or federal law, except that this Article may impose stricter requirements, in whole or
in part, than may be imposed by any state or federal authority.
(c) Powers and Duties of the Administrator. The Administrator has the following
powers and duties:
1) To issue permits in accordance with the criteria set forth in this Article;
2)
To administer and enforce the provisions of this Article and all orders issued
pursuant thereto;
3)
To order an immediate suspension of any Operation upon any repeated or
willful violation of any of the provisions of this Article or when there is an
imminent danger of irreversible or irretrievable damage to natural resources,
property, or to the City's water supply.
4)
To conduct investigations and obtain data with respect to any aspect of mining
regulated under this Article in addition to research experiments and
demonstrations, and to collect and disseminate information regarding Mining;
5)
To accept grants or funds for purposes of administration of this Article and
research into the field of Mining;
6)
To cooperate with any other governmental entity to further the purposes of this
Article;
7)
To contract with the Hamilton County Drainage Board or any soil or water
conservation district operating in Hamilton County to achieve the purposes of
this Article;
8)
To assess fees upon an applicant consistent with the expenses involved in
hiring consultants to assist the Administrator with the review of the application
and to provide inspection, monitoring, and assessment upon request by the
Administrator.
(d) Permits.
1)
An application for a permit may be submitted for a term not to exceed five (5)
years, subject to renewal. A complete application for a new permit must be
accompanied by a $10,000 application fee and contain (1) a completed
application in the form specified by the Administrator, (2) a Mining Plan, (3)
for a quarry Operation or for a modification or expansion of an existing
operation, a new or updated Isoseismic Study which is less than 2 years old,
2)
3)
4)
5)
6)
7)
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(4) an assessment of the potential impact to the City's water supply and any
mitigation proposed, (5) copies of all applications and approvals or permits
needed from other City, State, or Federal agencies, (6) complete submittals and
final approval of an M-4/Mining District, if applicable, and (7) any other
studies required by the Administrator, including but not limited to any studies
required under Section 6-168(0.
Before the Administrator may issue a permit, the applicant shall fumish
financial security to ensure the performance of such Reclamation as may be
required by the Common Council or Board of Zoning Appeals pursuant to any
zoning or land use approval and naming the City of Carmel as beneficiary.
Financial security shall be in the form of a bond from a corporate surety
licensed to do business as such in the State of Indiana or any other form the
Administrator may deem acceptable. Any interest accruing as a result of such
security shall be the exclusive property of the permittee.
The Administrator shall determine the amount, condition, and terms of the
financial security. The amount shall be based upon the estimated cost of
reclaiming the Affected Land, which shall be based on information contained
in the permit application and upon such information as an investigation by the
Administrator may disclose.
The financial security shall remain in full force and effect until the
Administrator has approved the Reclamation. At the discretion of the
Administrator, the permittee may secure the release of that portion of the
financial security for Affected Land on which Reclamation has been completed
and approved by the Administrator.
If the financial security shall for any reason be cancelled, within thirty (30)
days after receiving notice thereof, the permittee shall provide a valid
replacement under the same conditions as described in this section. Failure to
provide replacement financial security within such period may, at the
discretion of the Administrator, result in the immediate suspension of the
Mining permit.
If a permit is suspended or revoked, the Administrator may require the
permittee to commence Reclamation upon thirty (30) days notice.
If the permittee fails to commence or to complete the Reclamation as required,
the Administrator may attach the financial security furnished by the permittee.
In any event, the full cost of completing Reclamation shall be the personal
liability of the permittee and/or the Person engaged in Mining and the
Administrator may bring suit to recover all costs to secure the Reclamation not
covered by the financial security. The materials, machinery, implements, and
tools of every description which may be found at the Mine, or other assets of
the permittee and/or the Person engaged in Mining shall be subject to a lien of
the Administrator for the amount expended for Reclamation of Affected Land
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and shall not be removed without the written consent of the Administrator.
Such lien may be foreclosed under State law in the same manner as a
mechanic's lien.
Section 6-168. Mining Plan.
(a) The Mining Plan consists of an Operations Plan and a Reclamation Plan. The
Applicant's Operations and Reclamation Plans shall describe the Mining method, as
designated by the Applicant on the basis of current or anticipated Mining practices, and the
Reclamation method, having as its objective the preparation of the Affected Land for a future
beneficial use. The proposed method of operating a Mine and the method of reclaiming the
Affected Land to achieve the Applicant's land-use objective shall be compatible with sound
environmental management practices.
(b) The Operations Plan shall consist of a written and graphic description of the
proposed Operation, including the boundaries and legal description of the land controlled by
the Applicant, the outline of potential affected acreage for the Life of the Mine, topographic
contours, and the general sequence of areas to be mined. The graphic description shall
include the location of the Mine and shall identify all areas of excavation; areas of
Overburden, Tailings, and spoil; areas of topsoil and Mineral stock piles; processing plant
areas; Hanlageways; shipping and storage areas; drainage features and water impoundments.
The written description of the plan shall include the Operator's Mining method and measures
to be taken to minimize adverse environmental impacts resulting from the Operation. The
Operations Plan, at a minimum, should include a discussion of proposed hours of operations
by function, measures to mitigate noise, visual impacts and dust, routing of vehicles, and
traffic and trucking impacts. All operational commitments made through zoning an M-4
Mining District should be included in the Operations Plan.
(c) The Operations Plan shall be presented in a combination of graphic (map) and
written (text or narrative) form. The information to be presented in graphic form shall be
submitted utilizing aerial photogrammetry as described in this section. An equivalent map,
prepared on the required scale, may be utilized in lieu ora quadrangle sheet. The map shall be
prepared by a licensed engineer, geologist, land surveyor or other individual trained in such
plan and map preparation and stamped by a professional licensed in Indiana. Vertical aerial
photographs may also be utilized when presenting information in graphic form. The
Administrator reserves the right to reject aerial photographs or photogrammetry on the basis
of being out of date, of poor quality, of improper scale or for other reasons that render them
unsatisfactory for the required purpose. All maps and photographs shall be presented with a
horizontal scale not to exceed one-inch equals 400 feet. Contour intervals and/or cross
sections shall be as prescribed by the Administrator. Overlays may be submitted in
conjunction with either maps or photographs to illustrate any of the required information. The
maps and photographs shall be prepared in a neat, legible manner and shall include a title
block and legend containing the following information:
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1)
the scale, contour interval, where required, a north arrow and a reference
datarn;
2) the location of the groundwater table where such information is available;
3)
the name of the individual responsible for the preparation of the maps
and/or photographs; and
4) the date of preparation.
5) record of work and/or revisions
(d) The Reclamation Plan shall consist of a graphic and written description of the
proposed Reclamation. The graphic description shall include maps and cross sections that
illustrate the final physical state of the reclaimed land. The written description of the plan
shall describe the manner in which the land is to be reclaimed including the disposition of of
topsoil, and a schedule for performing such Reclamation and planting and seeding plans. All
Reclamation commitments made during the establishment of an M-4/Mining District should
be included in the Reclamation Plan.
(e) The Administrator shall retain an independent consultant with professional
experience in Mining to assist it in reviewing each application. The consultant shall report to
the Administrator whether the Mining Plan satisfies the policies, objectives and requirements
of this Article, or, if not, what conditions or modifications are necessary for such
achievement. In formulating its report, the consultant may require additional information,
explanation, documents, maps or photographs.
(f) The Administrator reserves the right to require studies to be done by the
applicant to supplement the Mining Plan. Such studies include, but are not limited to,
hydrogeologic investigations, fugitive dust and air quality considerations, noise assessments,
Underground Mining structural certification, subsidence investigations and monitoring, visual
studies, Blasting analyses including Isoseismic Studies, and traffic surveys.
(g) The Administrator shall issue the permit only if the Administrator approves or
approves with conditions a Mining Plan for any Mine, and all Mining, Processing, Sales, and
Related Activities. Reclamation shall be conducted in accordance with an approved Mining
Plan. The Administrator reserves the right to impose operating conditions, including hours of
operation, if deemed necessary to mitigate impacts.
(h) All permittees or Operators shall submit an annual report, accompanied by an
annual report fee orS10,000, on:
1)
their activities detailing the Mining and Reclamation accomplished during the
past year, and an updated mining plan map depicting the current extent of
mining activities, including current mining faces as surveyed by a licensed
surveyor, and the proposed advancement of the working faces for the
subsequent three years;
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2) results of studies or monitoring mandated (including Blasting reports) by the
Administrator or any other State or Federal agency,
3) certification by the Mine manager that all mining related activities conducted
during the reporting year were in conformance with the permit and the
approved plans, and that the company is in compliance with this Article;
4) correspondence with City, State, and Federal agencies with regard to
permitting, complaints, and enforcement matters;
5) a log of complaints and efforts to resolve the complaints;
6) information regarding the source and volume of any water inflow into the mine
and the disposition of such water;
7) public information and education efforts; and
8) any other information that may be required by the Administrator.
(i) The Administrator may suspend or revoke a permit for repeated or willful
violation of any of the terms of the permit or the provisions of this Article. The Administrator
may refuse to renew a permit upon a finding that the permittee is in repeated or willful
violation of any of the terms of the permit or the provisions of this Article.
(j) Permits issued pursuant to this Article shall be renewable. A complete
application for renewal shall be accompanied by a $10,000 application fee and contain the
following:
1)
2)
3)
4)
5)
6)
completed application forms;
an updated Mining Plan and including an identification of the area to be mined
during the proposed permit term with updated maps;
a description of any changes to the Mining plan;
an identification of Reclamation accomplished during the existing permit term;
copies of approvals or permits needed from other City, State, or Federal
agencies, and
any other information required by the Administrator.
Section 6-169. General Regulations.
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(a) Lateral Supports: All Underground Mining shall be conducted with sufficient
lateral support to be safe with respect to: hazard to persons; physical damage to adjacent land
or improvements; and damage to any trees, sidewalks, parking area, or utility, by mason of
slides, sinking, or collapses.
(b) Stock Piles: Stockpiles within five hundred (500) feet of any residence shall
not exceed fifty (50) feet in height. No stockpile shall be located closer than two hundred
(200) feet from the centerline of any public street. All reasonable precautions shall be taken to
prevent any materials or waste deposited upon any stockpile from being washed, blown, or
otherwise transferred off of the site by normal causes or fomes.
(c) Slope of Excavation: No slope created by Surface Mining shall be maintained
exceeding the normal limiting angle of repose of the material in which the excavation or
extraction should be made.
(d) Fencing: Chain link type fences at least six (6) feet in height, shall be required
on the perimeter of a Mine, at a point not closer than the right-of-way line of any street
bordering a Mine, to be maintained in a constant state of good repair. Appropriate warning
signs, which warn against trespassing and the presence of a quarry, shall be mounted or
posted along the fence at intervals of not more than one hundred (100) feet.
(e) Batch Plants: Batch Plants are not allowed within two thousand five hundred
(2,500) feet of any residential property line.
Section 6-170. Operating Regulations.
(a) Conformity to Laws and Regulations. All permitted Mining, Processing,
Sales, and Related Activities shall conform to all applicable City, County, State, and Federal
statutes, ordinances, regulations, and standards relative to water or air pollution, particle
emission, noise and waste disposal, vibration, and land rehabilitation and after-use.
(b) Days of Operation. Them shall be no Mining of any type on Sundays, surface
or otherwise, deemed by the Administrator as disruptive to the community.
(c) Erosion and Dust Control.
1)
Each Operator shall obtain and maintain all permits required for its Operation
pursuant to State and Federal air pollution control laws and regulations.
2)
Overburden removal shall be limited to the area expected to be mined during
two operating seasons, except where an Operator desires to construct earthen
berms around any portion of a Mine (in which case, if the areas so disturbed
will not be mined within two years, they will be seeded and maintained in a
permanent cover crop to prevent wind and water erosion). Overburden
removal within one thousand (1,000) feet of a residence shall be completed
during daylight hours, during the months of November through March, and
only on days other than Saturday or Sunday.
3)
4)
6)
7)
8)
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Each Operator shall also provide the Administrator with a copy of any erosion
control plan that such Operator is required to file pursuant to applicable State
or Federal law.
Overburden berms shall be graded and seeded promptly following completion
of the berm and shall not exceed a slope of 1:1.5 vertical to horizontal.
Wet suppression control system equipment shall be installed and maintained at
all crushing and screening equipment, and conveyor transfer points, except for
the wet section of a processing plant when water is added to the process in
sufficient quantities to clean the stone free of all fine particles. Fugitive dust
shall be suppressed, provided petroleum-based products shall not be used for
fugitive dust suppression.
Unpaved roads and parking lots
All interior roads, any quarry floor, stockpile areas, and the like, that
will experience vehicle traffic shall be sprayed with water on an as
needed basis to minimize the generation of dust.
Records of water applications shall be retained for a period of at least
three years at the site, and made available to the Administrator for
inspection and copying.
Loading of stone into trucks, hoppers, or bins shall be done in a manner to
minimize the free fall distance to the extent practicable.
All trucks removing Minerals from a Mine shall have covered beds (open beds
may be covered by tarpaulins).
Section 6-171. Miscellaneous.
(a) "No Trespassing" signs shall be posted around the perimeter of each Mine.
(b) Petroleum products shall be stored in accordance with applicable regulations of
the United States Environmental Protection Agency and Indiana Department of
Environmental Management.
(c) All Operations shall be subject to Section 7-85 of the City Code (provisions for
the protection of the aquifer serving the City's wells).
(d) All Operations shall ensure that mining will not significantly impact the City
of Carmel's water supply. The Administrator reserves the right to require an assessment from
the Operator when there is a determination by the Utilities Director that there is a reasonable
likelihood of an impairment of to the quality or quantity of the City's water supply.
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Section 6-172. Blasting Regulations.
(a) In General.
1)
Each Operator shall comply with all applicable State and Federal regulations as
they relate to Blasting by that Operator.
2)
The Operator shall retain responsibility for all Blasting by that Operator
regardless of whether the Blasting is done by the Operator's personnel, done
by others under direct supervision of the Operator's personnel, or done by
others performing as independent subcontractors.
3)
The Operator will undertake an Isoseismic Study to determine the most
appropriate parameters to minimize impacts and will utilize the
recommendations of the study to mitigate impacts upon Protected Structures.
An operator may be required to undertake an updated study as a requirement of
a renewal application.
(b) Blasting Practices.
1)
All Blasting in connection with Surface Mining shall be limited to the period
between 10:00 a.m. to 3:00 p.m. on weekdays (other than holidays recognized
by the State of Indiana), and explosives shall not be detonated at other times,
except when necessary to detonate a loaded shot which could not be detonated
because of sudden adverse weather or other conditions which could not
reasonably be foreseen by the Operator, or as required to comply with
applicable governmental requirements. The Operator is required to notify the
Administrator before any blast that may occur beyond the prescribed time of
day limits. Every effort shall be made to schedule blasts at the same time of
day whenever possible.
2)
All Blasting shall be conducted by individuals trained and experienced in the
design and safe use of Blasting systems, and no Blasting shall be done during
adverse weather conditions.
3)
Blasting shall occur no closer than 500 feet (measured horizontally) to any
residential property line, or one hundred (100) feet to any natural gas pipelines,
unless the pipeline company authorizes or confirms, in writing, a lesser
distance, provided that such distance shall in no event be less than twenty-five
(25) feet.
4)
Blast hole drillers shall report any cavities encountered during drilling to the
Blasting supervisor, who shall record such reports in a Blasting report. During
loading of explosives, accepted Blasting practices shall be used, and the
amount of explosives loaded into each hole monitored and recorded to avoid
5)
6)
(c)
l)
2)
3)
4)
5)
(d)
1)
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overloading a Blast. These Blasting reports shall be available for inspection
and copying by the Administrator during regular business hours.
Under any Blasting conditions, flyrock should never leave the property
boundaries of the Mine site.
All blasts shall be conducted using electronic blasting systems.
Monitoring Guidelines.
All blasts shall be monitored by an independent third party contractor, subject
to the approval of the Administrator, engaged and paid for by the Operator.
The contractor will be responsible for collecting and analyzing the data
independent of any review by the Operator.
All Blasts on the property shall be monitored by properly calibrated
seismographs at any Monitoring Stations for both horizontal and vertical
ground vibrations and for Air Blast. All equipment for the monitoring of the
blasts will be maintained and calibrated by the independent contractor
exclusively. The Administrator may require that additional Monitoring
'Stations be located or relocated to or from certain sites from time to time.
All blasts shall be monitored remotely using satellite technology or other
similar technology by the independent contractor and made available to the
Administrator upon request for the permanent Monitoring Stations. Portable
seismographs may be installed at other locations, and the reporting of the
results can be done without using remote capabilities
Records for each Blast, including location of Blast, number of holes, depth of
holes, amount of explosives used, amount of stemming and approximate
number of tons of stone Blasted, qualifications/certification of the blaster,
together with the seismograph record, shall be maintained by the Operator at
the site for a period of no less than three years.
Records from each Blast shall be available for inspection and copying by the
Administrator.
Vibration and Air Blast Limits.
The maximum peak Particle Velocities for any Blast shall comply with the
criteria referenced in the former U.S. Bureau of Mines Report of Investigations
(RI) 8507, Structural Response and Damage Produced by Ground Vibration
from Surface Mine Blasting (Siskind 1980) measured at the property line. See
Appendix I for the graph of the particle velocity limits versus frequency. The
graph has been modified for clarity of presentation.
2)
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The maximum peak Particle Velocities for any Blast at a Protected Structure
shall not exceed one inch per second, unless the Protected Structure is owned
by the Operator and not leased to any other person.
3) Airblasts shall be controlled so that the maximum decibel limits are not exceeded
at Protected Structures. The maximum Airblast limits shall be governed by the
following table shown in the table below, based on the former U.S. Bureau of
Mines RI 8485, Structure Response and Damage Produced by Airblast from
Surface Mining (Siskind 1980). Nothwithstanding the limits listed in the table, the
Administrator may impose lower maximum airblast limits than those identified, if
necessary in specific locations to prevent damage. Every effort shall be made by
the Operator to reduce airblast to 120 dB or less.
0.1 Hz high-pass system 134 dB
2 Hz high pass system 133 dB
5 or 6 high pass system 129 dB
C-slow (events not exceeding 2 sec. Duration 105 dB
4)
5)
6)
An Operator shall maintain all records for Blasting for Underground Mining
and Surface Mining.
An Operator shall provide a Blasting report with analyses to the Administrator
in January of each year for the preceding calendar year as part of the annual
report requirement and will provide the analyses to make recommendations to
further mitigate impacts on protected structures.
Blasting records will be made available by Operator to be audited by the
Administrator during regular business hours.
Section 6-173. Claims for Damages
(a) Any Operator who receives a permit under this Article has expressly accepted
full legal responsibility for all damages, direct or indirect, arising from the operation and
development of the mining operation, including but not limited to bodily injury, property
damage, and damage to surface structures or loss of water supplies caused by either surface or
underground mining.
(b) At his own expense, the Operator may undertake a survey of adjoining
residential properties, with the permission of the owner of the residential property, to establish
current conditions, including but not limited to, visual and structural inspections.
(c) Any Person who believes that he/she has a claim for a mining-related damage
must fill out a form prescribed by the Operator with the information. The Person must send
the original form to the Operator and a copy to the Administrator. When the information is
received by the Operator, the form will be faxed to the Operator's general liability insurer.
The claimant will be contacted by phone to set up an appointment for a site visit.
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(d) A licensed insurance adjuster, a professional engineer, and a representative of
the Operator will meet with the claimant onsite to review the claim. Subsequent to the onsite
inspection, the Operator and its insurer will review the claim in good faith and advise the
claimant within 15 days of the onsite inspection as to whether the claim is valid or not.
(e) If the claimant disputes the denial of a claim or disputes the settlement
payment proposed by the Operator or its insurer, in addition to all remedies available at law,
the claimant shall have all legal rights to commence legal action in any relevant court of
competent jurisdiction.
Section 6-174. Inspections and Violations.
(a) In order to insure that the provisions of this Article are complied with, the
Administrator shall have the right to inspect any Operation. Such inspection or inspections as
the Administrator may deem necessary may be conducted at any time without prior notice or
consent.
(b) It is unlawful to violate any of the provisions of this Article, or fail to perform
any duty imposed by this Ordinance, any permit condition, or any order issued by the
Administrator. Any Person found to have committed such a violation shall be liable for a
penalty not to exceed two thousand five dollars ($2,500) for each day such violation
continues.
Section 6-175. Effective Date.
· This Article shall be in full force and effect ninety (90) days from and after its
passage. However, operations in existence on the Effective Date shall be granted sixty (60)
days fi.om the Effective Date to obtain a permit under this Article.
Section II: All prior Ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
Section III: This Ordinance shall be in full force and effect fi.om and after its passage and
signing by the Mayor.
PASSED by the Common Council of the City of Carmel, Indiana this ~./O~fday of
.~u-Lt~ 2003, by a vote of q' ayes and 2. nays.--
Sponsor: Councilor's Carter, Rundle & Snyder
COMMON COUNCIL FOR THE CITY OF CARMF~
~h~in~Officer v d./ K~e/~ ~1~ ~' - ~ /
Luci Snyder, President Pro Tempore J~ ~ ~ ) ~
~~ ~'L'~mdl ~-x ~
~onald E. Ca~ Wa~e Wilson
'Di~ ~~~erk-Treasurer
d by me to the M~9[of~e City of C~el, hdi~a this ~ day of
2003, at / 0 ~Fi~-~. --
Di~a L. Cor&ay, IAMC, Cle~aurer
Approved by me, Mayor of the City of Ca~el, Indi~a, thistly of
~u/l/ 2003, at
ATT~,LT: - ,'~, ·
Diana L. Cordray, IAMC, Cl~fl~-Treasurer
Prepared by:
Greg Sovas
SPECTRA ENGINEERING GROUP
Latham, New York
/
rainard, Mayor
Appendix I
Sponsor: Councilor's Carter, Rundle & Snyder
U.S. BUREAU'OF MINES CRITERIA
From Report RI-8507 (November, 1980)
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1
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FREQUENCY, Hz
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