§ 1115.10. Mining of Industrial Minerals in a Restricted Area.

(A)

No person shall use a Facility to mine industrial minerals in a Wellfield Protection Area without first obtaining from the Director a permit to mine.

(B)

No Mineral Processing Waste shall be disposed of in a mine pit, except the Director may allow the disposal of Mineral Processing Waste in one of the mined pits provided the area of the mined pit to be used does not exceed ten (10) percent of the total land area of the site and the plans for such on-site disposal are approved in writing by the Director prior to use of the pit for disposal. Preferably all Mineral Processing Waste will be disposed of off site. No person shall allow any other Waste material from the site or from off site to be disposed of in a mine pit or at any other location on site.

(C)

Mining Permit: Any person proposing to obtain a permit to mine or amend an existing permit to mine industrial minerals shall submit to the Director in triplicate an application for permit to mine industrial minerals on forms prescribed for the purpose and submit necessary plans, specifications and information relating to the Facility for the Director's approval. The Director shall act upon an application for a permit to mine or amendment of an existing permit to mine within sixty (60) days of receipt of such application. If the Director does not act on the permit application within this sixty (60) day period, it shall be deemed to be denied. A denial of a permit or amendment of an existing permit application shall be immediately appealable to the Board.

Such detail plans, specifications and information shall be drawn up in a manner acceptable to the Director or his authorized representative in detail sufficient to allow clear understanding and intelligent review thereof, and to provide assurance that the site or Facility is designed and will be operated in accordance with these regulations. The method of operation of the Facility shall be described by the detailed plans and specification, and a report with information in such degree of detail and clarity as to be readily understandable by operating personnel at the Facility.

(1)

The information contained in subparagraphs (a) to (j) below shall be submitted with the permit application:

(a)

Copies of the approved state mining permit application, all supporting documents submitted to the state and pertinent correspondence with the state during the process of permit approval. Copies of any application for variance, modification, amendment, notices of violation, annual and final maps, and any information submitted to the state at any time during and after the mining permit is issued by the city must also be submitted to the city immediately.

(b)

Such identification information as:

(i)

The nature of the mining operation;

(ii)

The precise geographical location and boundaries of the mining operation which shall be indicated on a seven and one-half (7-½) minute USGS topographical map and by a legal description;

(iii)

The name and address and telephone number of the mining operator;

(iv)

The name and address of the Owner(s) of the land to be used for mining; and

(v)

The name and address of the person who prepared the plans.

(c)

Such site information as:

(i)

All land owned, leased, or proposed to be leased or purchased for the mining operation;

(ii)

All existing land uses on or within one thousand (1000) feet of the mining operation;

(iii)

All public roads, access roads, communities, and habitable buildings on or within one thousand (1000) feet of the mining operation;

(iv)

The location of all existing or proposed maintenance, weighing, storage, processing or other facilities or buildings;

(v)

The location of existing or proposed utilities;

(vi)

The location of any water well within two thousand (2000) feet of that portion of the site where Above-Ground or Underground Regulated Substances Storage Tanks are to be installed;

(vii)

The limits of the regulatory flood plain, if applicable, and the facilities proposed for flood protection;

(viii)

All fencing, gates, and natural or other screening on the site;

(ix)

Existing topography, topography of the area within one thousand (1000) feet of the site, maximum depths of excavations, and final topography, with clear indications showing all portions of the site where processed and residual materials are to be deposited;

(x)

Plans for the disposal of fines in a Wellfield Protection Area, including an annual disposal plan; and

(xi)

Longitudinal and transverse hydrostratigraphic cross sections of the proposed mining pits showing elevations of uppermost aquifer. In the event a clay layer is found to be present below the depth to which the industrial minerals are mined, show how ground water recharge and flow will be protected.

(d)

Such hydrogeologic and surface drainage information as:

(i)

The direction and flow and points of concentration of all surface waters on the site; and

(ii)

A complete log (description) of each boring made during the exploratory program (with appropriate description and explanation in an accompanying report) showing:

(a)

The location, depth, surface elevation and water level measurements of all borings; and

(b)

Textural Classification (Unified Soil Classification System - USCS); and

(c)

Grain size distribution curves for representative samples of each group of borings of similar soil composition; and

(d)

Atterberg limits (ASTM method D-4318-10 or its successor), moisture content, and coefficient of permeability, based on field and/or laboratory determinations; and

(iii)

Depth, lithology (physical character), and hydrologic characteristics of the bedrock formations encountered during the boring operations and/or which outcrop on or adjacent to the site (may be presented in an accompanying report); and

(iv)

The following information relating to the ground water (may be shown in accompanying report):

(a)

The depth to maximum elevation of ground water; and

(b)

Direction of the flow of ground water; and

(c)

Analysis by an EPA certified laboratory of such a number of samples from such a number of wells as the Director or his authorized representative deems necessary to determine existing ground water quality and monitor future ground water quality in the area:

Field Testing Parameters

(1)

Temperature (measured at the time sample is collected); and

(2)

Conductivity; and

(3)

pH; and Laboratory Testing Parameters

(4)

Total Alkalinity; and

(5)

Total Acidity; and

(6)

Total Dissolved Solids (TDS); and

(7)

Iron (Fe); and

(8)

Volatile Organic Compounds (VOCs) (USEPA Method 524.2 or as specified by the Director); and

(9)

Total Organic Carbon (TOC); and

(10)

Total organic halogens (TOX)

All monitoring wells installed pursuant to this regulation, shall conform to Chapter 3745-9 of the Ohio Administrative Code or its successors. The city shall have access to the ground water monitoring wells for inspection, sampling and other monitoring purposes. The location of all monitoring wells shall be shown on the engineering plans submitted with the permit application.

(e)

Engineering plans showing the estimated timing and sequence of mining operation, longitudinal and cross sections of proposed mining pits and other parts of the entire land area which is proposed to be used for mining including elevation of uppermost aquifer and hydrostratigraphy. The plans shall also show the location of all above-ground and underground storage tanks, pipelines, and Fifty-Five (55) Gallon Drums, and comply with Section 1115.09 hereof.

(f)

A geotechnical laboratory testing program defining the physical parameters of the cohesive and non-cohesive soils excavated during the mining operation and drilling work. This shall include: soil moisture (ASTM method D-2216-10 or its successor), Atterberg limits (ASTM method D-4138-10 or its successor), and sieve analysis (ASTM method D-422-63 or its successor) on bore holes drilled in the permit area to determine the amount of Waste likely to be generated during mineral processing and washing operations.

(g)

Such operation information as:

(i)

The mode and sequence of mining operation, including equipment to be used, showing precisely how the minerals will be mined and how the pit remaining after the mining operation is completed will be maintained to minimize silting and consequent adverse impact on the ground water recharge capacity of the area.

(ii)

Such equipment information as:

(a)

Types of equipment to be used to operate and maintain the Facility and to maintain the rechargeability of the mined pit; and

(b)

Hours of operation; and

(h)

Such closure information as:

(i)

How the portion of the Facility where minerals have been mined will be maintained in order to minimize any further deposits of silty or clayey fines.

(ii)

How the site will be closed. This information shall include descriptions of:

(a)

Means by which access to the site will be limited; and

(b)

Provisions for corrective measures in case of settling of silty and clayey fines in the mine pits in excess of what is allowed pursuant to (1)(f) of this section.

(c)

Intended use of the site after closure, if known.

(i)

A notarized statement that, to the best of the knowledge of the person who prepared the plans, the information on the detailed plans and specifications are true and accurate.

(j)

(i)

Applications for mining permit shall be signed

(a)

In the case of corporations, by the corporate officer having direct responsibility for the Facility; or

(b)

In the case of organizations other than corporations by an equivalent responsible individual; or

(c)

In all other cases, by the operator.

(ii)

The signatures shall constitute an agreement by the entity that it is responsible for compliance with this section and this chapter.

(2)

If detailed plans, specifications, and information submitted to the Director or his authorized representative do not conform to the requirements for maintaining ground water recharge and quality, the Director or his authorized representative may, within sixty (60) days of receipt thereof, notify the person submitting said plans of the nature of the deficiency, and of the Director's refusal to consider the plans until the deficiency is rectified. If the Director is satisfied that, notwithstanding their deficiency, the detailed plans, specifications, and information are sufficient to determine whether the mining operation and facilities would adversely impact the Wellfield, he shall consider and act upon such detailed plans, specifications, and information notwithstanding their deficiency.

(3)

If the Director or his authorized representatives determines that information in addition to that required by paragraph (1) of this section is necessary, he may require that the person submitting the plans supply such information as a precondition to further consideration of the detailed plans, specifications, and information.

(4)

The Director shall not approve any detailed plans, specifications, and information including information regarding the handling of mining fines, unless he determines that the mining operation will not adversely impact the ground water recharge capacity of the aquifer and the quality of the ground water.

(5)

Information submitted pursuant to (1)( d)( ii) and (1)(d)(iii) of this section shall be confidential, with this information only being available as needed to employees and agents of the City of Columbus.

(6)

All applications shall be submitted at least sixty (60) days before the commencement of mining operations; provided, however, if a User is conducting a mining operation which has been approved by the Director, it shall not be required to submit an application.

(Ord. 2560-90; Ord. 1132-2008 Attach. (part); Ord. No. 2203-2015 , § 1, 12-14-2015)