§ 2-20-5. Mining restrictions.

(1)

No mining activities shall be conducted in the absence of an approved master mining plan and operating permit.

(2)

With the exception of temporary crossings, as identified and approved in a master mining plan and operating permit, phosphate mining activities below the 25-year floodplain elevation shall be prohibited, unless the applicant can demonstrate through competent and substantial evidence that mining activities could occur in the 25-year floodplain and that the floodplain system could be reclaimed or recreated without adverse effects to water quality, water quantity or natural habitats therein.

(3)

There shall be no mining activities, as defined in this chapter, in wetlands that are functionally integrated with 25-year floodplains or perennial streams unless the applicant can demonstrate through competent and substantial evidence that mining could occur in such wetlands and that they could be reclaimed or recreated without adverse effects to water quality, water quantity or natural habitats or species therein.

(Ord. No. 04-39, § I(E), 11-2-04)