§ 62-1939. Mining and smelting operations.

(a)

Minimum alteration size. The minimum alteration size for a mining or smelting operation or a combined mining and smelting operation shall be 50 acres.

(b)

Land alteration permit. Approval of a conditional use permit for a mining or smelting operation shall be subject to the applicant's obtaining a land alteration permit meeting the requirements and conditions of article XIII, division 4, of this chapter from the office of natural resources management.

(c)

Location of mining operations. No mining operations, except temporary storage of excavated materials, shall be performed within:

(1)

Three hundred feet from a public park boundary, cemetery or historical site, or permanent buildings, including mobile homes, used for residential, commercial, church or public purposes, on the site at time of application for the mining use permit.

(2)

One hundred fifty feet from an existing public right-of-way or public easement for drainage, utilities or road purposes, in areas not controlled by subsection (c)(1) of this section.

(3)

One hundred feet from the property line if the abutting property is zoned for residential development.

(4)

Fifty feet from the permittee's property line in areas not controlled by subsections (c)(1), (c)(2) and (c)(3) of this section.

(d)

Location of settling and thickening ponds. No settling or thickening pond shall be constructed within:

(1)

Three hundred feet from a public park boundary, cemetery or historical site, or permanent buildings, including mobile homes, used for residential, commercial, church or public purposes, on the site at the time of application for the mining use permit.

(2)

Five hundred feet from any right-of-way line of any public road.

(3)

Two hundred feet from the permittee's property line in areas not controlled by subsections (d)(1) and (d)(2) of this section.

(e)

Location of piles of materials. No excavation material or stockpile shall be left within the mining or smelting operator's property line longer than 30 days, unless such material is located:

(1)

Three hundred feet within the permittee's property line which abuts a public park boundary, cemetery or historical site, or permanent buildings, including mobile homes, used for residential, commercial, church or public purposes, when such other uses were in place at the time of application for the mining use permit.

(2)

One hundred feet from an existing public right-of-way or public easement for drainage, utility or road purposes, in areas not controlled by subsection (e)(1) of this section.

(3)

One hundred feet from the property line if the abutting property is zoned for residential development.

(4)

Fifty feet from the permittee's property line in areas not controlled by subsections (e)(1), (e)(2) and (e)(3) of this section.

(Code 1979, § 14-20.16.2(B)(38))