Current through Register Vol. 48, No. 3, March 22, 2024
A. In all excavation
of rock, provisions for safety to persons and to adjoining property must be
provided including, but not limited to the following requirements:
(1) Fencing may be required at any excavation
in rock which exceeds twenty feet in depth. Fencing along "natural barriers"
such as swamps, rivers, and salt marsh may not be required. Fencing along sides
of quarries on natural slopes or where no highwall is present may be required
to discourage access to the base of highwalls present in other parts of the
quarry. Cultural or other barriers including, but not limited to, rock
barricades, elevated roadways, railroads and building facades may be accepted
by the Department.
(2) The type of
fence required by the Department depends primarily on the location of the
excavation. The types of fences which may be required by the Department are
woven wire, barbed wire, chain link, or combination of the three. Woven and
barbed wire fences are generally suitable for rural areas with no adjacent
development. Chain link fences are suitable generally for urbanized or heavily
developed areas. If the area adjacent to an excavation becomes urbanized after
a fence suitable for a more remote location has been installed and accepted,
upgrading of the fence may be required.
(3) Woven wire fence fabric shall be at least
thirty-nine inches in width. Woven wire fences shall be topped with two strands
of two-point, twelve and one-half gauge or heavier barbed wire having barbs not
over five inches apart. Thirty-nine inch woven wire shall have nine lines with
six inch spacing on stay wires. Barbed wire fences shall have at least five
equally spaced strands of four-point barbed wire, twelve and one-half gauge or
heavier with barbs not more than five inches apart. The top strand must be
forty-five inches above the ground. Chain link fence fabric shall be not less
than sixty inches in width. Forty-eight inch chain link fences may be
substituted for woven wire or barbed wire fences. Chain link fences must be
eleven and one-half gauge and have a tension wire or rails at the top and
bottom. Higher chain link fences or chain link fences topped with three or four
strands of four-point, twelve and one-half gauge or heavier barbed wire, with
barbs not over five inches apart, may be required in certain cases. The bottom
strand of the fence shall not come in contact with the ground and there must be
no excessive openings between the ground and the bottom of the fence. Opening
under fences, caused by crossing ditches or small ground depressions where it
is not practical for the fencing to follow closely the contour of the ground,
must be fenced or otherwise closed.
B. All overburden and spoil shall be placed
so as not to result in deposits of sediment in streams, lakes, or on adjacent
property. Also, it shall not be placed in such a way as to interfere with
proper drainage. If the Department finds environmental degradation or
degradation of the scenic values in the non-permitted area resulting from
sedimentation or water pollution, then the Department may require corrective
measures including, but not limited to:
(1)
Runoff from the temporary overburden piles will be diverted into the mining
operation, pits, sediment basins or otherwise prevented from leaving the site
until adequate settlement or filtration has been accomplished.
(2) Temporary overburden piles shall not be
placed in or infringe on natural drainageways or floodways, unless proper
designs are utilized.
(3) Temporary
overburden piles in public view shall be vegetated as rapidly as the placement
operations permit.
(4) Each segment
of permanent overburden shall be shaped and vegetated (where appropriate) as
rapidly as placement progresses.
(5) The shape of the permanent overburden
material will blend in with the natural landscape and in accordance with the
Reclamation Plan.
(6) Temporary or
permanent Best Management Practices for erosion control shall be used as needed
to prevent sediment from leaving the site.
(7) Permanent overburden piles shall be
placed in a manner consistent with land use and in a manner which will not
interfere with natural drainage, drainageways, or floodways.
C. Topsoil, sufficient to satisfy
reclamation requirements, shall be removed and stored in such a manner as to
remain available for reclamation and shall not be carried away or covered up
with other materials. Topsoil which has been saved for future reclamation shall
not be removed from the affected area unless authorized by the
Department.
D. During the mining
operation and reclamation work, care must be taken to prevent any excessive
drainage or accumulation or release of excess water that may damage the
adjoining property of other owners.
