Sec. 98-872(e)

Routine maintenance of equipment shall be conducted in such a fashion as to not allow the depositing of oil, grease, or other deleterious materials on the ground or within the confines of any future or existing water bodies.

All equipment used for the extraction or placement or transportation of materials shall be constructed, maintained, and operated in such a manner as to eliminate any noise, dust, or vibration which would be injurious or create an unreasonable nuisance to persons living in the vicinity.

The board shall require the applicant to demonstrate how access to the site will be controlled and trespassing will be prevented during the time that mining operations are occurring on the property and after such operations have ceased.

Except as otherwise allowed for bona fide agricultural or silvicultural uses, no surface mine, which term shall include mining, excavating, borrow pits and gravel pits, shall be established, operated, or enlarged except as shall be permitted by conditional use permit.

All storage areas, yards, service roads or other non-vegetated open areas within the boundaries of the surface mining area shall be maintained so as to prevent dust or other wind blown air pollutants. Proposed methods of dust and debris control and equipment proposed for such control shall be included in the plan of operation and shall be located at the site during such operations.

The use of explosives in conjunction with the mining activity shall not be permitted unless specifically authorized by the board in granting a conditional use permit.

Local residential streets shall not be used for access to the surface mining or restoration operations. The permittee shall be limited to using those routes which are specified in its application and approved by the board in authorizing the conditional use permit.

The restoration or reclamation of nonconforming, inactive, or abandoned borrow pits utilizing clean fill soil may be authorized by the board. The depositing of any material other than clean fill soil shall be classified as a landfill and is prohibited.

Surface mines shall be kept free from junk, inoperable equipment, trash, or unnecessary debris. Buildings shall be maintained in a sound condition, in good repair and appearance. Weeds shall be cut as necessary, but not less than twice a year. Only that equipment which is used in the operation of the surface mine shall be maintained and stored on the site, unless, however, vehicle storage or maintenance is permitted in the zoning district in which such mining activity is located. Equipment shall be removed from the site when mining ceases.

The board may, in consultation with VDOT, require the operator to post a sufficient surety or guarantee to cover any potential damages to the public road system attributable to the operation.