HomeMy WebLinkAboutD-1686-04 Mining Regulations (Introd. 2004) Sponsor(s): Councilor(s) Glaser & Rattermann
ORDINANCE NO. D-1686-04 ~' AS AMENDED
AN oRDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL,
INDIANA, TO REGULATE MINING OPERATIONS '
WITHIN THE CORPORATE BOUNDARI..ES OF THE CITY OF CARMEL
WHEREAS, mining and the processing of mineral resources should give due regard to
(1) the protection of the health, safety and general welfare of the people, (2) the prevention of
erosion, stream pollution, water, air and land pollution; and (3) the prevention of negative impact
to the City's water supply and other injurious effects to persons, property, wildlife and natural
resources; and
WHEREAS, the Common Council of the Ci[y of Carmel. finds that, for th.e protection of
the public health, safety and welfare of the citizens of Carmel, to mitigate the negative impacts of'
mining and processing of mineral resources on those citizens who reside adjacent to or near such
operations, 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:
Section I: Chapter 6 of the Carmel City Code is hereby amended by adding a N~w Article 6
thereto to read as follows: 200500027053
· Filed ?or Record in
HA~IlLTON COUNTY~ INDIANA
ARTICLE 6. MINING OPERATIONS. JENNIFER J HAYDEN
05-136-2005 At 0?:57 ~m.
Section 6-166. Definitions. ORDINANCE ' 63.00
"Administrator" means the Director of th9 Department of Community Services (DCS). As used in
this Article, "Administrator" shall include his or her authorized representatives.
"Affected Lb. nd" means the sum of acreage that has been mined, will be mined, or will be
affected by Mining activity.
"Airblast" (also known as "air overpressure") means airborne waves ~esulting from the
detonation of explosives in cormection w/ih Mining activity. Airblast may be caused by burden
movement or the release of expanding gas into the air. Airblagt may or may not be audible.
"Blast" or "Blasting" means the detonation of explosives by an Operator during Mining.
"CityY' means the City of Carmel, Indiana.
"Complete Application" means an application for a permit, renewal, modification or transfer
which is determined by the Administrator to be compleie for the purpose of commencing review.
0fthe application in accordance with the requirements pursuant to Section 6-168, but which may
need to be supplemented during the course of review in order to enable the Administrator to
make any findings or determinations required by this Article.
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"Effective Date" means the date on which this Article takes effect.
"Guiding Principles of the Environmental Stewardship Council" means the written document
prepared for the Indiana Mineral'Aggregates Association comprised of recommended practices
and guidelines to manage the environmental and social impacts of mineral extraction.
"Haulageway" means all roads utilized for Mining purposes, together with that area of land over
which material is transported, that are located within the land controlled by the Operator.
"Isoseismic Study" means an analysis of Blasting events and local geologic conditions by
qualified a~d 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 an Operation in acres.
"Minerals" mean any naturally formed, usually inorganic rocks, stmie, gravel, sand, soil, clay,
limestone located on or below the surface of the earth.
"Mine" means any lands from which Mining or Processing will occur, including all
l-laulageways and ail equipment above, on or below the surface of the ground used in connection
with Mining.
"Mining" means the surface, underwater, or underground extraction of deposits of Minerals,
using teclmiques including;but not limited to, excavating, dredging, drilling, crushing, grinding,
sorting, sifting, sizing, washing, drying, sawing and cutting stone, Blasting, trimming, punching,
splitting, and gauging. The term also includes the removal of Overburden to provide access to
Minerals. "Mining" also includes the construction and use of buildings, facilities and equipment
to carry out such activities, exclusive of manufacturing processes. "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 and includes the information set forth in Section 6-171.
"Monitoring Station" means a physical location identified by city, county, state, or federal
authorities where measurements of environmental conditions may be required.
"Operator" means any Person engaged in and controlling Mining or Processing.
"Operation" means any Mining or Processing.
"Operations Plan" means a description of activities to be performed by an Operator to Mine the
land over the Life of the Mine. The Operations Plan shall describe the proposed method of
Mining the Affected Land and measures taken to minimize the environmental impacts with
special emphasis on minimizing any negative impacts to the surrounding residential areas. The
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Operations Plan shall include maps, plans, the schedule for Mining within the Life of the Mine,
written material, and all information required of an Operations Plau pursuant Section 6-171.
"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 indivic~ual, partnership, corporation, legal business entity or governmental
agency.
"Processing" means washing, crushing, grinding, screening, sorting, sizing, and other activities
undertaken to prepare extracted Minerals for productive use, 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, but shall not include manufacturing processes:
"Protected Structure" means any dwelling, public building, school, church, commercial or
institutional building or other building designated as such by the Administrator, that is or may be
impacted by Blasting or other impacts of an Operation. A Protected Structure does not include
structures owned and operated by the Operator.
"Reclamation" means the conditioning of the Affected Land to make it suitable for any
productive use including~ but not limited t% the planting of forests, the planting of crops for
harvest, the seeding of grass and legumes for grazing purposes, the protection and m~hancement
of wildlife and aquatic resources, the establishment of recreational, residential, commercial,
industrial and other uses demonstrated to be consistent with the Carmel Comprehensive Plan.
"Reclamation Plan" means a description of activities to be performed by an Operator to reclaim
the land to be Affected 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 coocurrent with Mining mid a schedule for Reclamation. The
Reclamation Plan shall include maps, plans, the schedule for Reclamation, planting plans,
written material and all information required of a Reclamation Plan pursuant Section 6-171.
"Spill Prevention Control and Countermeasure plan" (SPCC), means the required plan by
the U.S. Environmental Protection Agency to prevent oil spills from reaching
navigabl~ waters of the United States.
"Tailings" means material of inferior quality or value resulting from the removal, preparation, or
Processing of Minerals.
"Utilities Director" means the Director of Utilities for the City of Carmel, Indiana. As used in
this Article, "Utilities Director" ~hall include his or her authorized representative(s).
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Section 6-167. Administration of Article.
(a) G~nerall¥. No Person may conduct Mining or Processing within the corporate
boundaries of the City unless a permit has been approved, and financial assurances for
Reclamation have been posted pursuant to this Article.
(b) Where two or more parcels of land containing Operations are not adjoining, a
separate permit shall be required for each parcel.
(c) 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 county, state or federal authority.
(d) Powers and Duties of the Administrator. The Administrator has the following
powers and duties:
(1) To issue permits, modifications to permits, renewal permits, and transfers in
accordance ~vith the criteria set forth in this Article;
(2) To administer and enforce the provisions of this Article and ail orders issued
pursuant thereto;
(3) To delegate the duties and powers granted to and imposed upon him or her
under this Article;
(4)
To conduct investigations and obtain data with respect to any aspect of Mining
regulated under this Article, and to collect and disseminate information
regarding Mining;
(5)
To order an immediate suspension of any Operation upon any repeated or
willfi~l violation of'any of the provisions of this Article or when there is an
imminent threat of substantial harm to citizens of the City, natural resources,
property, or the City's water supply;
(6) To accept grants or funds for purposes of a. dministration of this Article and
research into Mining;
(7) To cooperate with any other governmental entity to further the purposes of this
Article;
(8) To contract with any Person to achieve the purposes of this Article;
(9)
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.
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Section 6-168. Permits~ Renewals~ Transfers, and Modifications
(a) New Permits. An application for a ne~v permit may be submitted for a term not
to exceed five (5) years. 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 legal description and acreage of the Affected Land;
(3) a vicinity map of the area, showing:
a. the Affected Land;
the portion of the Affected Land being mined, and proposed to be
mined;
any dedicated public rights-of-way and easements, including public
streets;
the boundaries of all adjacent and adjoining property lying within six
hundred sixty (660) feet of the Affected Land, or a depth of two
property o~merships, whichever is less, and consistent with 6-
168(a)(4).
(4)
a listing of names and addresses of the owners of property lying within six
hundred sixty (660) feet of the Affected Land, or a depth of two (2) property
ownerships, whichever is less, as shown by a certified issue of the Auditor of
Hamilton County (or adjacent county), or by a title insurance company, and
dated not more than forty-five (45) day. s prior to the date of the application.
(5) a copy of all applications, approvals, or permits needed from other city,
county, state, or federal agencies for the purposes of Mining or Processing;
(6) a copy of all letters of grant, or other approvals from all City boards or
committees, if applicable;
(7) the identity of the Operator if the Operator is a Person different from the
applicant;
(8) the name of every legal owner of the Affected Land (surface and mineral);
(9) the name of ever), owner of any leasehold interest in the Affected Land;
(10) the name of any pnrchaser of record of the Affected Land under a real estate
contract;
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5
(11) if the applicant is a business entity other than a single proprietor, the names
and addresses of the principals, officers, and residen! agent;
(12) if the applicant is a partnership, corporation, association, or other business
entity, the following where applicable:
a. tbe names and addresses of every officer, partner, or director or person
performing a function similar to a director of the applicant;
b. the name and address of each Person owning, of record, at least ten
percent (10%) of any class of voting stock of the applicant; and
a list of all names under which the applicant, parmer, or principal
shareholder previously operated a Mine within the United States within
the last five (5) years preceding the date of submission of the application.
(13) a statement of ~vhether the applicant or a subsidiary, an affiliate, or a Person
controlled by or under common control with the applicant has ever held a
Mining permit that within the five (5) year period preceding the date of the
application was suspended or revoked or is in the process of revocation, and if
so, a brief explanation of the facts involved and identification of the state in
which this action 'occurred;
(14) a statement of whether the applicant or a subsidiary, an affiliate, or a Person
controlled by or under common control with the applicant has ever had a
Mining bond or similar security deposited in lieu of bond forfeited, and if so, a
brief explanation of the facts involved and identification of the state in which
this action occurred;
(15)a listing of all notices of violations, and their final resolution, of a federal
statute or regnlation, or a state statute or rule pertaining to air quality or water
quality incurred by the applicant or a subsidiary, an affiliate, or a Person
controlled by or under common control of the applicant in connection with any
Mine during the three (3) year period before the date of the application.
(16)a Mining plan per Section 6-171.
(b) Permit Renewals and Transfers. Permits issned pursuant to this Article are
renewable or transferable. A Complete Application for renewal or transfer shall be submitted to
the Administrator accompanied by a $10,000 application fee, and, shall contain the following
information:
(1) completed application form consistent with the requirements of6-168(a);;
(2) an updated Mining Plan
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(3) a written description of any changes to the Mining Plan;
(4) an identification of Reclamation accomplished during the existiag permit
term;
(5) copies of ail applications, approvals or permits needed from other city,
' county, state or federal agencies; and
(6) other related information that may be required by the Administrator
consistent with the objectives and requirements of this Article.
(c) Permit Modifications. In the event that the Operator requests a modification to an
existing permit because ora change in Mining method, depth or the expansion into additional
lands as examples, that application will be treated as a new application, and all requirements of
this Article will apply. The original permit conditions will remain in effect until a decision has
been made on the modification application.
Section 6-169. Procedures and Timeframes.
(a) General Procedures and Timeframes. The following describes the general
procedures in the processing of new or renewal permit applications under this article.
Before an application is submitted to the Administrator, the applicant is
encouraged to request a pre-application meeting with the Adminism/tor and
staffto discuss the proposed Operation and to clarify application
procedures. At this presubmission meeting, the Operation will be
informally discussed, permit requirements identified, and the applicant will
be provided with guidance in the mechanics of the application and review
process based on infom~ation provided by the applicant.
(2)
Each applicant subject to the requirements of this Article must submit five
(5) copies of the applicatio~3 pursuant to Section 6-168 to the Administrator.
The applicant must also submit full and complete copies to'the following:
County Surveyor, Soil and Water Conservation Service, Cam~el City
Engineer, Utilities Director, and any other Person designated by the
Administrator.
(3)
The Administrator shall review the application and make a determination of
a Complete Application within forty-five (45) days 0fthe date of receipt by
the Administrator. In the event that the Administrator determines that the
application is incomplete, the Administrator shall communicate the
deficiencies in writing to the applicant. A new completeness review period
of thirty (30) days shall commence from the date of receipt of the
resubmitted application. If the Administrator fails to make a determination
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(4)
(5)
(6)
(7)
(8)
of a Complete Application within the timeframes above, the application will
be deemed complete.
When the Administrator deems the application complete, the applicant,
upon receipt of written notification from the Administrator, shall:
publish within five (5) working days a statement of Complete
Application in a local newspaper of general circulation in the City at
least one (1) time per week for two (2) consecutive weeks;
mail a copy of the statement of Complete Application by certified mail,
return receipt requested, to each Person identified in the application
pursnant to subparagraphs (a)(8)-(12) of Section 6-168; and,
mail a copy of'the stafement of Complete Application by certified mail,
return receipt requested, to every Person who has made a written
request to the Administrator for such statement.
The statement of Complete Application shall identify that:
a. the Complete Application is available for public review;
b. the date on which the Administrator deemed the application
complete;
c. the location(s) where the Complete Application can be reviewed;
and,
that written comments on the Complete Application may be
submitted to the Administrator for a period of thirty (30) days from
the date on which the Administrator deemed the application
complete.
The original retnrn receipts for mail service shall be submitted to the
Administrator by the applicant.
At the time th~ application has been deemed complete, each applicant for
a permit under this Article shall file witlfin five (5) working days of the
date of Complete Application, an entire copy of the Complete Application
for public inspection in the Carmel Public Library and at any other
location designated by the Administrator.
Any Person may submit written comments concerning a permit
application with respect to the effect of the proposed Mine on the health,
safety, or general welfare ofthe public, or, with respect to impact on the
City's water supply to the Administrator within thirty (30) days from the
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(b)
date of the statement of Complete Application. The Administrator shall,
thereafter, transmit any comments received to the applicant and make the
comments available to the public at the office of the Administrator.
(9)
The Administrator may, in his discretion, schednle a public meeting within
sixty (60) days of the determination of Complete Application to hear
comments and responses to either the application or the written statements
received. A stenographic record of any such public meeting will be made.
Decisions on Applications.
The Administrator shall approve or approve with conditions the
application within one hundred fifty (150) days of the determination of
Complete Application.
(2)
A Complete Application shall only be approved if the Administrator finds
that:
a. the application is accurate and complete and in compliance with the
requirements of this Article;
the Mining activity will not impose a significant detrimental impact
on the health, safety, and general welfare of the public or the City's
water supply; and
c. the financial security requirements set forth herein are met.
(3)
If the Administrator does not approve or deny the application within one
hundred fifty (l 50) days of the determination of Complete Application,
the application shall be deemed approved.
(4)
lfthe Administrator denies the application, the applicant may request a
public hearing xvithin thirty (30) days of the date of the Administrator's
denial of the application in accordance with Section 6-177 of thig Article.
(5)
Any Person directly adversely aggrieved by the Administrator's
disposition of an application'inay request a public hearing within thirty
(30) days of the date of the Administrator's disposition of the application
in accordance with Section 6-177 of this Article.
(6)
Notwithstanding the time periods for decisions specified in this Article,
the Adnfinistrator shall not be required to issue a decision on an
application, nor shall any application be deemed approved, tmtil the
applicant has provided:
a. satisfactory proof of any public notice required;
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9
b. posted any financial security required; and,
c. paid all fees and costs assessed by the Administrator.
(7)
A permit issued under this Article is effective upon issuance. Within five
(5) working days after a pennit is issued, the Administrator shall publish a
declaration that the permit has been issued, in these locations:
a. a local newspaper of general circulation in the City at least one (1)
time per week for two (2) consecutive weeks;
b. on the front page of the Department of Comanunity Services website,'
for a period of thirty (30) days; and
c. at the office of the Clerk-Treasurer for the City for a period of thirty
(30) days.
(8)
At any time during the review of an application for a new permit,
modification, renewal, or transfer, the Administrator may request in
writing additional information, concerning the information and studies
identified in Section 6-171 (i), which is reasonably necessary to make any
findings, determinations, or decisions on an application. Such a written
request will be explicit, and will indicate a reasonable date by which the
Administrator is to receive the additional information. Failure to provide
information by the date specified in the request may be grounds for denial
of the application.
(c) Miscellaneous Provisions.
(l)
Permits shall not be transferred or assigned without the express ~vritten
consent of the Administrator.
(2)
Renewal permit applications must be submitted at least ninety (90) days
before the expiration of the permit, and shall be subject to the same
procedures and timeframes as for new applications in this Section.
(3)
If a renewal application submitted by the Operator is timely and generally
complete, the terms of the existing permit will continue until a decision is
made on the renewal permit by the Administrator.
(4)
The Administrator may or may not require a public meeting on a
transfer application but is obligated to publish a statement of availability
for review of the application, and a final declaration in the event that the
permit trausfer application has been approved.
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(5) Any time period speci fled in this Article may be extended for good cause
or by mutual written consent of the applicant and the Administrator.
Section 6-170. Financial Security
(a) Before the Administrator may issue a new~ renewal or modification permit, the
applicant shall furnish financial security, naming the City as beneficiary, in an amount
determined by the Administrator to be sufficient to ensure the performance of the Reclamation of
the Mining location.
(b) Financial secnrity shall be in the form of a bond from a corporate surety
licensed to do business as such in the State of Indiana, an irrevocable letter of credit, 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 Operator.
(c) The amount shall be based upon the estimated cost of reclaiming the Affected
l~and, which shall be derived from information contained in the permit application and upon such
information as an investigation by the Administrator may disclose based on the actual cost of
Reclamation to the City.
(d) The financial security shall remain in full force and effect until the
Administrator has aptSroved the Reclamation. The Operator 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.
(e) The Administrator ha~ the right to continue the financial security for two (2)
years after Reclamation bas been completed to assure that the Reclamation of the area will
succeed.
(f) If the financial security required under this Article shall for an), reason be
cancelled, the Operator shall provide a valid replacement under the same conditions as ddscribed
in this section within thirty (30) days after receiving notice thereof. Failure to provide
replacement financial security within such period shall result in the automatic and immediate
suspension of the Mining permit, which suspension shall continue until the Operator provides the
Administrator with satisfactory evidence of the establishment of replacement financial security.
(g) If the Operator fails to commence or to complete the Reclamation as required,
the Administrator may attach the financial security furnished by the Operator. In any event, the
full cost of completing Reclamation shall be the primary liability ot! the Operator and/or the
Person engaged in Mining or Processing and the secondary liability of the landowner, 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 Operator 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 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.
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Section 6-171. Mining[Plan.
(a) The Mining Plan consists off
(1) an Operations Plan; and,
(2) a Reclamation Plan.
(b) The Operations Plan shall consist of:
(1) a written description of the proposed Operation; and,
(2) Operations Plan map of the proposed Operation.
(c) The Operations Plan map shall include the following:
(I) a map of the location of the Mine including boundaries of the land controlled
by the applicant;
(2) the boundary outline and legal description of the proposed Affected Land for
the Life of the Mine;
(3) topographic contours, at two-foot intervals;
(4) the mining methods and general seq?ence of areas to be mined;
(5) all areas of excavation, and, if applicable, all Blasting areas;
(6) all areas of Overburden, Tailings and spoil;
(7) all areas of topsoil and Mineral stock piles;
(8) ail Processing plant areas;
(9) all equipment maintenance areas, all fueling areas, and all fuel storage areas;
(10) all Haulageways;
(11) all shipping and storage areas; and
(12) all drainage features, water courses, water discharge points, water
impoundments, and ground water monitoring locations.
· (d) , ' The Operations Plan map shall be presented on a base map utilizing aerial
photogrammetry, and be prepared by a licensed engineer, geologist, land surveyor or other
individual trained in such preparation and stamped by a professional licensed in Indiana.
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(e) The Administrator reserves the right to reject aerial photographs or
pbotogrammetry 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.
(t) The Operations Plan maps shall be presented with a horizontal scale not to exceed
one-inch equals two hundred (200) feet. Contour intervals and/or cross sections shall be as
prescribed by the Administrator.
(g) The Operations Plan maps shall he prepared in a neat, legible manner and shall
include a title block and legend containing the following information:
(1) the nan~e and address of the Mining operation;
(2) the Mine Manager' name and contact information;
(3) the scale, a north arrow and a reference datum;
(4) the name of the individual responsible for the preparation of the maps
and/oi' photographs; and
(5) the date of preparation, and the record of work and/or revisions.
(h) The written description of the Operations Plan shall include the following: '
(1) the general geographic location of the Mine;
(2) a description of topographic, cultural and land use features within and adjacent
to the Affected Land;
(6) a description of[he existing condition of the ground surface at the Mine
including m-eas already mined or disturbed by Mining, the existence of
structures, xsegetation, and water cover;
(7) a description of the applicant's proposed method of Mining indicating the
method of extraction, the sequence of cuts and excavations, method and
types of Blasting, the disposition of materials on the Affected Property,
the use of Haulageways and ingress and egress from public streets;
(8) a description of the applicant's general direction of Mining during the next
five (5) year period along with the overall development of the Mine;
(9) a description of the streets or other public ways in the City upon and along
which Minerals, Overburden or Tailings are planned to be hauled or carried;
(10) a description of the heavy equipment planned to be used for the purpose of
Mining
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(11) a description of the apPlicant's proposed methods for preventing pollution
from Mining, including but not limited to air pollution, water pollution and
noise pollution, including:
a. a detailed plan designed to minimize impacts of noise including:
i. An existing conditions analysis, including measurements at
adjacent property and nearby Protected Structures;
ii. a list of equipment and Operations that may impact [~oise pollution;
iii. pro. iections of sound decibel levels due to Operations at Mine
boundaries, adjacent public roads and adjacent residential or.
commercial property; and
iv. conclusions and recommendations.
b. current and future drainage and water controls including discharge
volumes;
c. air quality effOrts and dust control;
d. a complete Spill Prevention Control and Countermeasure (SPCC) plan to
insure adequate response to potential fuel spills and releases from Mining
equipment;
e. emergency respopse measures in the event of a release that could impact
water quality;
f. a description of the employee training for response to spill and release
emergencies; and
g. a listing of all chemicals, quantities and storage locations for the facility.
(12) descriptions of the applicant's proposed methods to minimize the potential
adverse impact of Mining on the City including:
a. methods to be used to protect nearby public and private property
from damages, including ,the control of the adverse effects of Blasting;
b. measures to mitigate visual impacts;
c. existing and proposed hours of Operation;
d. existing and proposed levels of truck traffic and routing and efforts to
minimize impacts;
e. subsidence investigations or studies done to ensure the integrity of any
underground Mining, if applicable;
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hydrologic investigations to minimize impacts on the City's water supply;
and
(13)
(14)
other relevant information that the applicant provides to indicate efforts to
minimize visual impacts, trucking and traffic, air quality and fugitive dust,
or other studies concerning the Operation.
if the Operation includes Mining of rock or other consolidated materials, or if
the application relates to a modification or expansion of an existing operation
for consolidated materials, a new or updated Isoseismic Study which is less
than two (2) years old;
if the Affected Land is located within a public well-head two (2)year time of
travel area, a hydrogeologic study of the potential impact to the City's water
supply and a description of any mitigation proposed. The hydrogeologic
study shall include the following:
full geologic and hydrogeologic evaluation including all soil/bedrock
boring logs, field aquifer testing, photographic documentation of rock
cores and rock qfiality;
b. geology cross-sections through existing and proposed Mining areas;
histo~'ical 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;
historical pumping rate records for the Iv~ine including date of
measurement,, flow rate (in gpd), discharge rates (in gpd) and pumping
locations;
area historical high capacity pumping record summary within the vicinity
of the proposed Mining activity;
groundwater modeling analysis to determine the effects of the Mining on
the area hydrogeologic setting including groundwater availability and
groundwater elevation under the current, proposed, drought and flood
conditions, taking into account:
i. area geology and hydogeology;
ii. existing and proposed Mining pumping rates and area high capacity
pumping rates
iii. hydraulic parameters of all hydrographic units;
VERSION E - 4/18/05 15
iv. area recharge;
v. the presence of and leakage from area surface water bodies
(including lakes and rivers);
vi. pumping .water discharge areas;
vii. surface water and groundwater interactions; and
viii. any other relevant site-specific factors that could influence the
distribution of groundwater and ayailability of groundwater.
Predicted impact of Mining on existing area water usage and nearby
residents and businesses including:
i. nearby basements;
ii. existing private wells and municipal wellheads;
iii.nearby retention ponds and lakes; and
iv. surface water drainage capacity.
(i) The Reclamation Plan shall consist of a graphic and written description of the
proposed Reclamation.
(1) The graphic description shall include maps and cross sections that illustrate the
final physical state of the reclaimed land.
(2)
The written description shall describe the manner in which the land is to be
reclaimed including the disposition of topsoil, and a schedule for performing
such Reclan~ation and planting and seeding plans.
(3)
The Reclamation Plan shall comply with the version of the Guiding Principles
of the Environmental Stewardship Council for reclamation, grading and
revegetation in effect at the time the Reclamation Plan is submitted.
(j) The Administrator reserves the right to require studies relating to hydrogeologic
investigations, fugitive dust and air quality Considerations, noise assessments, underground
Mining structural certification, subsidence investigations and monitoring, visual studies, Blasting
analyses including lsoseismic Studies, and traffic surveys, to be done by thq applicant to
· supplement the Mining Plan if the Mining Plan fails to satisfy the objectives and requirements of
this Article. '
Section 6-172. Annual Reports.
(a) All Operators shall submit an annual report within ten (10) days of the anniversary
date of the permit. The annual report shall contain the following information:
(1) a written description of their activities detailing the Mining and Reclamation
accomplished during the past year;
(2) an updated Mining Plan depicting the current extent of Mining, including
current Mining faces as surveyed by a licensed surveyor, the proposed
VERSION E - 4/18/05 16
advancement of the working faces for the next three (3) years, and current or
proposed Reclamation efforts;
(3)
results of studies or monitoring required under this Article or by the
Administrator or any other city, county, state or federal agency to ensure that
the objectives and requirements of this Article have been, are being, and will
be satisfied;
(4)
a statement of certification by the Mine manager that all Mining, Processing
or Reclamation conducted during the reporting year was in conformance with
the permit and the approved plans, and that the Operator is in compliance with
this Article;
(5)
(6)
(7)'
copies of correspondence with city, county, state, and federal agencies with
regard to permitting, complaints, and enforcement matters;
a log of all complaints from any Person and efforts to resolve the complaints;
a groundwater report that provides information regarding water flows, water
quality and operational activities to insure the protection of the City's aquifer
to include:
i. all groundwater level and surface water level measurements taken
during the reporting year (minimum monthly basis);
ii. all pumping rates (minimum monthly basis) and total discharge
(minimum monthly basis) from the Mine;
iii.ali discharge rates (minimum monthly basis) into nearby surface
water bodies;
iv. all relevant stream discharge flow measurements (minimum monthly
basis);
v. all changes in the location and number of pumping and discharge
points;
vi. groundwater and snrface water analytical testing during the reporting
year (minimum monthly basis);
vii. all chemical spills and releases during the reporting year;
viii. all site precipitation (daily basis); and ·
ix. observed variations between subsurface soil/bedrock conditions at
boring locations and actual Mining condition~ (e.g. variations from
expected conditions, areas of increased discharge of groundwater, zones of
greater hydraulic Conductivity within the soil and bedrock).
(8) a Blasting report, that records:
i. the location, date and time of each surface Blast and underground
Blast;
ii. the weather conditions for each Blast, wind direction and speed, and cloud
cover;
iii. the name and license number of the person conducting the Blast;
VERSION E - 4/18/05 17
iv. the identification of closest Protected Structure and distance to the Blast;
v. the name of the Person and third-party contractor responsible for Blast
monitoring.
vi. a description of public information and education efforts within the
community; and,
vii. other related information that may be required by the Administrator
consistent with the objectives and requirements of this Article.
(b) The annual report shall include a review fee of $10,000 at the time of submittal.
Section 6-173. General Regulations.
(a) Lateral Supports: All underground Mining shal:l be conducted with sufficient lateral
support to minimize, to the degree reasonable under all known or, with reasonable diligence,
knowable circumstances, any risk' to the health, safety and general welfare of the public and to
persons, surrounding or adjacent real or personal property, public resources (including but not
limited to sidewalks, parking areas and utilities), wildlife and natural resources.
(b) StockPiles: Stockpiles within five hundred (500) feet of an~) 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. The edge of the stockpile shall be the point from which
the measurement shall be made. All reasonable precautions shall be taken to prevent any
materials or waste deposited upon any stockpile from being ~vashed, blown, or otherwise
transferred off of the site by normal causes or forces.
(c) Slope of Excav~ition: No slope created by surface Mining shall be maintained
exceeding the normal limiting angle of repose of the material or 1:1.5 whichever is less, except
that any berm along a public r!ght of way shall be a minimum slope?f 1:3.
(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 Mine, shall be mounted or posted along the fence
at intervals of not more than one hundred (100) feet.
(e) Petroleum products shall be stored in accordance with applicable regulations of the
United States Environmental Protection Agency and Indiana Department of Environmental
Management.
(f) 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).
(g) Any lights used for exterior illumination shall be directed away from adjoining
public and private property.
VERSION E - 4/18/05 18
Section 6-174. Operating Regulations.
(a) Conformity to Laws and Re~;ulations. All permitted Mining and Processing 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)
follows:
Days and Hours of Operation. The days and hours of Mine Operation shall be as
(1) There shalI be no Mining or Processing of any type, surface or otherwise,
and no hauling, transportation or movement of Minerals on Sundays and
holidays recognized by the State of Indiana;
(2) On weekdays, Mining or Processing shall only occur between the hours of
6 a.m. and 8 p.m.
(3) On Saturdays, Mining or Processing shall only occur between the hours of
8 a.m. and 2 p.m.
(4)
Extensions to the hours operation may be permitted if approved by the
Adnfinistrator based on a written request by the Operato[. For the purpose of
this request, the Administrator will follow the procedures of public notice and
comment found in Section 6-169 (b).
(5) The Board of Works must approve exceptions to the days of operation.
Operators must request an exception in ~vriting, per Section 6-177.
(c) Equipment that is operated at night, if allowed tinder City approval, that requires
back-up alarms shall utilize non-audible signal devices wherever possible and permitted by law.
(d) Erosion and Dust Control.
(1) Each Operator shall obtain and maintain all permits required for its Operation
pursuant to state and federal pollution control laws and regulations.
(2)
Each Operator shall also provide the Administrator with a copy of its approved
erosion control plan that such Operator is required to file pursuant to applicable
state and federal law.
(3)
Overburden removal shall be limited to the area of. the Operation expected to be
mined during two (2) 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 (2) years, they will be seeded
and maintained in a permanent cover crop to prevent wind and water erosion).
VERSION E - 4/}8/05 19
, (4)
Overburden berms shall be graded and seeded promptly following completion
of the bernl and shall not exceed the normal limiting angle of repose or a slope
of 1:1.5 vertical to horizontal whichever is less.
(5) Fugitive dust from the Operation shall be suppressed. Petroleum-based
products shall not be used for fugitive dust suppression.
(6)
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 tile process in
sufficient quantities to clean the stone free of all fine particles.
(7)
All interior roads, any Mine floor, stockpile areas, and tile like, that will
experience vehicle traffic shall be sprayed with water on an as needed basis to
minimize tile generation ofdnst.
(8) Records of water applications shall be retained for a period of at least three (3)
years at the site, and made available to the Administrator for inspection and
copying.
(9) All trucks leaving the premises shall first pass through a truck wheel washing
facility.
(10) All trucks entering onto public streets from any Operation shall have covered
beds.
Section 6-175. Blasting Regulations.
(a) In General.
(I) Each Operator shall comply with all applicable state and federal regulations as'
they relate to Blasting by that Operator.
(2)
Tile Operator shall ~etain responsibility for all Blasting conducted by or for
that Operator regardless of whether the Blasting is done by the Operator's
personnel, others under direct supervision of the Operator's personnel, or
others performing as independent subcontractors.
(3)
The Opqrator will take all reasonable steps to minimize the impact of Blasting
operations on the health, safety, and general welfare of the public in addition to
complying with the specific work practices and operational standards set forth
in this Ordinance.
(4)
The Administrator may require, the Operator to perf(~rm Isoseismic or other
studies necessary or helpfrfi.to assess the !mpact of the Blasting operations on
the health, safety, or general welfare of the public after giving specific cause to
VERSION E - 4/18/05 20
(b)
(c)
the Operator for such additional studies.
Blasting Practices.
(1)
All Blasting in connection with Mining shall be limited to the period between
10:00 a.m. to 3:00 p.m. on weekdays (except on holidays recognized by the
State of Indiana where no blasting shall be allowed).
(2) Every effort shall be made by the Operator to schedule Blasts at the same time
of day.
(3)
Explosives used in connection with surface Mining 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 xvhich could
not reasonably be foreseen by the Operator, or as required to comply with
applicable governmental requirements.
(4)
The Operator is required to notify the Administrator before any Blast that may
occur beyond the prescribed time of day limits. This notification must be made
in writing, and at least two (2) hours before the Blast will occur.
(5) All Blasting shall be conducted by individuals trained and experienced in the
design and safe use of Blasting systems and licensed by the State of lndiana.
(6) No Blasting shall be done during adverse weather conditions.
(7)
Blasting shall occur no closer than five hundred (500) feet (measured
horizontally) to the property line of a Protected Structure, or within one
hundred (100) feet of any underground pipeline, unless the pipeline company
authorizes or coufirms, in writing to the Administrator, a lesser distance,
provided that such distance shall in no event be less than t~venty-five (25) feet.
(8) Blast bole drillers shall report any cavities encountered during drilling to the
Blasting supervisor, who shall record such reports in a Blasting report.
(9)
During loading of explosives, accepted Blasting practices shall be used, and the
amount of explosives loaded into each hole shall be monitored and recorded to
avoid overloading a Blast.
(10) Under any Blasting conditions, flyrock shall never leave the Affected Land.
(11) All Blasts shall be conducted using electronic Blasting systems.
Vibration and Airblast Limits.
VERSION E - 4/18/05 21
(d)
(2)
(3)
(4)
The maximum peak Particle Velocities for any Blast shall comply with the
criteria referenced in the former U.S. Bureau of Mines Report'of'lnvestigadons
(RI) 8507, Structural Response and Damage Produced by Ground Vibration
from Surface Mine Blasting (Siskind 1980). See Appendix I for the graph of
the Particle Velocity limits versus frequency.
Tile maximum peak Particle Velocities for any Blast shall be measured at the
property line of the Affected Land from which the Blast occurred, and shall not
exceed 0.5 inches per second.
Airblast shall be controlled so that the maximum decibel limits are not
exceeded at the property line of the Affected Land from which the Blast
occurred.
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). However, 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 Hz high pass system 129 dB
C-slow (events uot exceeding 2 sec. duration) 105 dB
(5)
Tile Vibration and Airblast limits contained in this subsection shall be
applicable only to those Operations involving Blasting that exist on or before
tile Effective Date.
Monitoring Guidelines.
(l)
All Blasts shall be monitored by an independent third party contractor (the
contractor). The contractor shall be retained by and report to the
Administrator, but shall be paid for by the Operator. The contractor will be
responsible for collecting and analyzing the data independent of any review by
the Operator.
(2)
Ali Blasts shall be monitored by properly calibrated seismographs at any
Monitoring Station for both horizontal and vertical ground vibrations and for
.Airblast. The location of the Monitoring Stations will be made by the
Administrator in consultation with the contractor and the Operator, and will
utilize recommendations from any Isoseismic Studies along with locations at
the closest Protected Structures.
VERSION E - 4/18/05 22
(3)
All equipment for the monitoring of the Blasts will be maintained and
calibrated by the contractor exclusively. The Administrator may require that
additional Monitoring Stations be located or relocated to or from certain sites
based upon'the analysis of Blast data and/or Upon the recommendation of the
contractor.
(4)
All Blasts shall be monitored remotely using satellite technology or other
similar technology by the contractor and made available to the Administrator
upon request. Portable seismographs may be installed at other locations, and
the reporting of the results can be done without using remote capabilkies.
(6) Records shall be kept by the Operator for each Blast. Blasting Records shall
include but not be limited to the following:
a. the date, time and specific location of each blast;
b. the type of blast, either surface or subsurface;
if surface blast, the weather conditions including:
i. air temperature;
ii. wind speed and direction;
iii.cloud cover.
d. identification of the closest Protected Structure, and distance
from the Blast;
e. the name and license number of the Person conducting the Blast; and
f. the number of holes, diameter and depth of holes, the delay pattern
and design, and delay number of detonators used.
(6) Records from each Blast, both underground and surface Blasts, shall be
available for inspection and copying by the Administrator.
(7)
An Operator shall maintain all records for Blasting for underground Mining
and surface Mining. Blast records shall be maintained by the Operator at the
site for a period not less than three (3) years.
(8) An Operator shall provide a Blasting report to the Administrator for the
preceding year as part of the annual report requirement. The Blasting report
shall contain:
a. a summary of methods used to protect nearby public and private property
from damage by Airblast and ground vibration;
b. Blast records for surface and subsurface Mining;
VERSION E - 4/18/05 23
, c. a drill log reporting of any cavities encountered during drilling;
d. a statement ofcompliance with all applicable laws, regulations, and Blasting
and explosive industry standards; and
e. a complaint log, listing Blasting complaints ~nd claims for damages.
Section 6-176. Enforcement.
(a) The Administrator may inspect any Operation without prior notice or consent
within normal business hours. If any Operator or Operator refuses access to the Administrator
asking to make such an inspection, the Administrator may suspend all Operations until such time
as the inspection has occurred and the Administrator is satisfied that no imminent threat of
substantial harm to health, human safety, or the environment exists or that such threat has been
eliminated.
(b) The Administrator may also suspend or revoke a permit for repeated or willful
violation of any of the terms of the permit or the provisions of this Article if the Administrator
determines there is an imminent threat of irreparable harm to the environment; or of serious
hazard to the health, safety, and general welfare of the public, including the City's water supply.
(c) The Administrator may refuse to renew a permit upon a finding, supported by
substantial evidence that the Operator is in repeated or willful violation of any of the terms of the
permit or the provisions of this Article.
(d) Any Person directly adversely aggrieved by an action taken or determination made
by the Administrator may appeal, by requesting a public hearing within thirty (30) days of the
date of the Administrator's action, in accordance with Section 6-177 of this Article.
(e) 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
Operator found to have committed such a violation shall be liable for an immediate penalty not
to exceed two thousand five hundred dollars ($2,500). Additionally, any Operator found to have
committed a violation shall be liable for a penalty not to exceed two thousand five hundred
dollars ($2,500) for each day such violation continues.
(f) |n determining the amount of the penalty under this Article, the Administrator shall
consider the Operator's history of previous violations at the Mining Operation, the seriousness of
the Violation, including any irreparable harm to the environment and hazard to the health, safety,
and ~eneral welfare of the public, the Operator's negligence, and the demonstrated good faith of
?the Operator to achieve rapid compliance after notification of the violation.
(g) Upon the assessment of a penalty un'der this Article, the Administrator shall, within
thirty (30) c~ays of the assessment, inform the Operator of the amount of the penalty assessed and
issue an order to the Operator to pay the penalty.. The Operator has thirty (30) days from the
receipt of the order to pay the penalty or request a public hearing pursuant to Section 6-177 of
VERSION E - 4/18/05 24
this Article to contest the imposition of the penalty or the amount of the assessment. If the
Operator requests a public hearing, the Operator shalI forward an amomrt equal to the assessed
penalty to the Administrator, who shall place the amount in an escrow account.
(h) An Operator who desires to contest the violation or amount of penalty assessed but
fails to forward the amount to the Administrator waives allqegal rights to contest the violation or
,amount of penalty assessed. If, following a public hearing addressing the violation or penalty
assessed, it is determined that a violation did not occur or the amount of the penalty is reduced,
the Administrator shall, within thirty (30) days of the decision, remit the appropriate amount to
the Operator with interest at a rate interest equal to the weekly average 1 -year constant maturity
Treasury yield, as published by the Board of Governors of the Federal Reserve System, for the
calendar week preceding the date of penalty was paid.
(i) If a permit is suspended or revoked, the Administrator may require the Operator to
commence Reclamation upon thirty (30) days notice.
Section 6-177. Hearings and Judicial Review.
(a) Any public hearing requested by this Article shall be conducted in accordance with
the procedures set forth in Indiana Code § 4-21.5-3. Any public hearing conducted pursuar~t to
this Article shall be before the Board of Public Works ("Board").
(b) A public hearing may be requested by filing, in writing, a "Request for Public
Hearing" with the Board on a form approved by the Board. A "Request for Public Hearing"
shall be filed within thirty (30) days of the action by the Administrator giving rise to the request
or the right to a hearing is waived. A final action of the Board is subject to judicial review under
Indiana Code 4-21.5-5.
Section 6-178. Severability.
The provisions of this article shall be severable and if any portion thereof or the
applicability thereof to any person or circumstances shall be held to be invalid, the remainder of
this article and the application thereof shall not be affected thereby.
Section 6-179. Effective Date.
This Article shall be in full force and effect thirty (30) days from and after its
passage. However, Operations in existence on the Effective Date shall be granted sixty (60) days
from the Effective Date to file an application under this Article, unless an extension is approved
by the Administrator. Such approval can only be granted ifa presubmission meeting was held,
.upon request by the applicant, ~vithin 30 days after the Effective Date.
Section II: All prior Ordinances or parts thereof inconsistent with any prbvision of this
Ordinance are hereby repealed.
VERSION E - 4/18/05
25
Appendix I
VERSION E - 4/18/05 26
3 SSED by the Common Council of the C~ity of Cam~el, Indiana this } g 4'kday of
2005, by a vote of ,,~ ayes and ~ nays.
~~OMMON,,p COUNCIL'FOR THE ,CITY ',~~~OF CARMEL
/~ i ' tcer .' .' j Ke'dn Kirby', Preside ,m'CPro Tern, pore
Ri, nald E. Cal;W,r,-~ ' n D. Mayo
Idre~k JT-~,~ /' Mark Rattermann
Joseph C. Oriffiths
Richard L. Sharp
Diana L. Cordray, IAMC, Clerk-Treasurer
Presented by me to the Mayor of the City of Carmel, Indiana this /g "day of .{~u-J! 2005,
at qt:ct'O ~.M.
Diana L. Cordray, IAMC, Clerk-Treasurer
nAtpp4yvo,~d b~n~l, Mayor of the City day of 2005,
ATTEST:
b~na"L. Cordray, IAMC, Cierk-Treastfc'er
Submitted by:
Michael Hollibaugh
Department of Community Services
CITY OF CARMEL
VERSION E - 4/18/05 27