The purpose of this article is to address the unique needs of Mining Operations in order that these activities function in a manner that is compatible with the surrounding area.

(Ord. No. 23-17, 6-25-2024)

The regulations set forth herein shall apply to any property located within the jurisdiction of this Ordinance that is now or is proposed to be developed as a Mining Operation.

(Ord. No. 23-17, 6-25-2024)

Minerals are solids, liquids, or gases found in natural deposits on or in the earth, including, but not limited to, soil, sand, clay, gravel, stone, rock, coal, phosphate, metallic ore, petroleum, or natural gas.

Mining Area is the area of land from which overburden or minerals have been removed, or upon which overburden has been deposited, including the location of on-site mineral processing, stockpiles, settling ponds, mining vehicle operation, and active reclamation areas. The mining area does not include land which has been reclaimed, the access road, or earthen berms which are part of County approved noise containment.

Mining includes the extraction or removal of minerals for sale, processing, or consumption even if the mining activity is not required to obtain a mining permit from the South Carolina Department of Health and Environmental Control (SCDHEC). It does not include grading, backfilling, plowing, or excavating areas for agriculture or on-site construction, nor does it include exploratory mining as defined by the SCDHEC. Borrow pits owned, operated, and/or managed by the South Carolina Department of Transportation (SCDOT) or the County of Lexington exclusively for road or infrastructure construction do not constitute a mining activity by this Ordinance; however, the extraction or removal of minerals from such borrow pits for the purposes not directly associated with SCDOT or County roadway project, will require the use to meet all applicable requirements for mining operations.

Mining (Limited) includes all mining operations where the mining area does not exceed 5 acres. This activity category does not permit on-site mineral processing, including, but not limited to, milling, crushing, screening, washing, flotation, or refining. This activity category does not include chemical leaching of minerals, hard rock quarrying, or blasting.

Mining (Intermediate) includes all mining operations where the mining area does not exceed 25 acres. This category does not include the on-site mineral processing, chemical leaching of minerals, hard rock quarrying, or blasting.

Mining (Extensive) includes all other mining activities not included within the definition of Mining (Limited) or Mining (Intermediate), to include all mining activities that have on-site mineral processing, utilize chemical leaching of minerals, utilize hard rocky quarrying, and/or blasting, regardless of acreage.

(Ord. No. 23-17, 6-25-2024)

Upon the effective date of these regulations, Mining Operations can be developed or expanded only in accordance with the applicable restrictions contained herein. Legally nonconforming Mining Operations are subject to the provisions found in Article 16.

(Ord. No. 23-17, 6-25-2024)

81.41 A request for a permit for a Mining (Extensive) land use will require special exception approval from the Board of Zoning Appeals. The basis for such approval is a demonstration by the applicant that the owner/operator can manage and operate the mining operation in a manner that addresses the varying conditions and circumstances associated with such land use activities. It will be the responsibility of the applicant to make evident to the Board that the following criteria can be met:

 a. The applicant must demonstrate the day-to-day operations of the mining operation and the ability to manage the various tasks associated with the land use;

 b. As demonstration that the mining operation will be harmonious with the surrounding properties and the appropriate buffering restrictions, general requirements, performance standards, landscape and/or vegetation requirements, and County Council approval of the access plan, if applicable;

 c. As evidence that the applicant has obtained all other local, state, and/or federal permits to operate such activity, if applicable; and

 d. For the protection of the surrounding environment, a response plan to address environmental or public safety related incidents.

81.42 For the Board to rule on a mining operation special exception based on these criteria, the following information must be submitted for consideration with the application:

 a. Demonstrate the ability to manage and operate the mining operation in accordance with the regulated hours of operation, performances standards, truck traffic to include stacking along the road and/or entrance driveways, roadway noise, fugitive dust, and on-going compliance with various environmental-type permits;

 b. A detailed plan illustrating the buffering restrictions, landscape or vegetation plan, access plan, berming or noise containment plan;

 c. Methods and/or protocols for addressing non-compliance related issues with the mining operation or nuisance complaints (i.e., noise or dust) associated with the operation;

 d. Emergency plans and protocols in the event of a fire or environmental-related issue, such as ground or surface water contamination; and

 e. A plan illustrating how the mining operation will be reclaimed once the mining in certain areas of the property or properties has ended or if the activity were to cease.

(Ord. No. 23-17, 6-25-2024)

It shall be the sole responsibility of a Mining Operation owner to establish and operate a Mining Operation in accordance with the regulations as set forth in this article. The zoning permit shall be issued on the basis of compliance with all applicable state and local regulations.

(Ord. No. 23-17, 6-25-2024)

The Mining Operation regulations contained herein are in addition to any applicable regulations from the South Carolina Department of Health and Environmental Control (SCDHEC) and any other state and federal agencies. If a Mining Operation is regulated by SCDHEC it shall be issued a zoning permit after meeting all zoning requirements and after receiving a mining permit from that agency. There may be Mining Operations that are governed only by this Ordinance and other regulations of Lexington County.

(Ord. No. 23-17, 6-25-2024)

Each Mining Operation shall adhere to the Buffering Restrictions covering height regulations, buffers, setbacks, and screening as outlined in Chapter 3 of Article 2, except where more restrictive regulations exist in this Article or elsewhere in this Ordinance. Where an existing residence is located less than 500 feet from the property line of a Mining (Extensive) land use activity the required buffering restrictions shall be doubled. Where an existing residence is located between 500 and 1,000 feet from the property line of a mining activity, the required buffering restrictions shall be 1 ½ times the published requisites.

82.21 Buffer

Buffering requirements are defined in Section 23.20. In the event that an encroachment appears to be within the buffer area, and/or the buffer area is likely to be encroached unintentionally, the designated buffer area may be required to be clearly delineated by a material approved by the Zoning Administrator.

82.22 Setbacks

While accessory activities such as driveways and parking and reclamation thereof can occur within the designated setback as defined in Section 23.30, mining operations may not encroach on any part of the setback area.

Blasting that is associated with mining operations must be setback a minimum of 1,500 feet from all properties that contain an existing residential use and from properties located within Restrictive Development zoning districts. The required blasting setback shall be measured from the property line of the protected properties.

82.23 Screening

1.

In all Districts all of the mining activity shall be screened from any neighboring property in accordance with the Chart of Maximum Buffering Restrictions of Section 23.60. This shall include, but is not limited to, buildings, structures, stockpiles, overburden storage areas, berms used for noise containment, etc.

2.

All Mining Operations must use natural or landscaped vegetation for screening and/or landscaped and/or vegetated berms. Berms shall be a minimum of eight (8) feet in overall height, but in all instances tall enough to provide the required total screening, with topography being taken into consideration. The berm shall be landscaped and/or naturally vegetated by 75 percent using an approved combination of canopy and understory trees, which 50 percent must be evergreen species. The landscaping requirements must conform to minimum planting standards and diversity as regulated within the Lexington County Landscape and Open Space Ordinance. The screening requirements do not exclude the use of fencing for safety reasons. Existing natural vegetation shall be left undisturbed in the buffer areas located in all Districts. In the portion of the setback areas beyond the required buffer areas, existing natural vegetation shall also be left undisturbed with the single exception of grading in this area that is necessary to implement the best Noise Containment Plan as required in Section 82.60. However, this exception is allowed only if the vegetative screening requirements of this section can be met.

3.

The vegetation used must include sufficient quantities that are evergreen, drought-tolerant, and disease resistant to ensure that the screening requirements of the Ordinance are met during all seasons of the year.

4.

Total road frontage screening is required in all Districts, and the entrance shall be designed such that none of the mining activity shall be visible from the road.

(Ord. No. 23-17, 6-25-2024)

Any new extensive mining operation, or expansion of an existing intermediate or extensive mining operation creating a new access, shall submit a proposed Access Plan. This Plan shall show the anticipated routing of all truck traffic in compliance with this chapter as well as Section 22.02, Chart of Permitted Access by Street Classification. However, an alternate Plan that may not comply with all of these regulations may also be submitted if it is considered to have less of a traffic impact on the roads accessing the mining operation. Mining (Intermediate) and Mining (Extensive) activities are only allowed access by roads that are paved. Internal access for individual mining operations where parcels are separated by roadways do not require Access Plan approval, provided the point of access is not a main access for external truck traffic and the street classification and road conditions allow such access.

Any roads or bridges to be utilized must be capable of handling the additional traffic and weight loads of the mining activity. The entity responsible for the maintenance of such facilities will be asked to review the condition of any roads and bridges contained in the Access Plan and report that information along with recommendations to the Zoning Administrator. This may be the South Carolina Department of Transportation, the Lexington County Department of Public Works, or a municipality.

The Zoning Administrator will review the Access Plan(s) and reports from the maintenance entities and may require a different Plan using any roads available if it will lessen the impact of truck traffic in the immediate area.

(Ord. No. 23-17, 6-25-2024)

Driveway access to a paved road must consist of a paved apron at least 100 feet in length. Driveway access to an unpaved road must be stabilized in a manner to reduce excessive fugitive dust. Driveways may also be required to have deceleration and/or acceleration lanes as a part of an encroachment permit from either Lexington County or the South Carolina Department of Transportation.

(Ord. No. 23-17, 6-25-2024)

The following hours of mining operation restrictions shall apply:

Truck staging, loading, and ticketing, only, is permissible between the hours of 5:00 a.m. to 7:00 p.m. during the weekdays prescribed for each mining operation, unless otherwise exempted from these restrictions based upon zoning district.

In the event of a natural or man-made disaster, the Zoning Administrator may temporarily suspend the restrictions for mining hours of operation so these facilities can assist in disaster relief and/or recovery during and following such events. The Zoning Administrator shall make such announcement, via the Public Information Officer, regarding both the suspension and reinstatement of the mining hours of operation restrictions.

(Ord. No. 23-17, 6-25-2024; Ord. No. 25-04, 6-24-2025)

In addition to the requirements contained in this section, each Mining Operation shall adhere to any applicable Performance Standards outlined in Chapter 4 of Article 2.

Noise Containment Plan: To achieve the maximum protection from site-generated noise (i.e., mechanical and engine noise from mechanized equipment and vehicles, rock crushing, conveyors, etc.), a Noise Containment Plan shall be prepared and submitted for approval. That Plan must utilize earthen berms designed and integrated into the existing terrain so that there is a wall of dirt, natural or man-made, separating the source of the noise and all surrounding protected property lines. In all Districts the berms must be located beyond the required buffer. They may only encroach into the setback area if doing so achieves a greater degree of noise containment due to the natural shape of the terrain. Such encroachments will be the minimum needed and inward toe of the berm must touch the setback line. Noise at any protected property line is limited to the following restrictions as regulated by the provisions of Section 24.13 Maximum Permitted Sound Pressure Levels.

South Carolina Mining Act: The South Carolina Department of Health and Environmental Control (SCDHEC) regulates and monitors all activities governed by the South Carolina Mining Act. Mining Operations shall adhere to these and all other State requirements which address issues such as sediment and erosion control related to mining activities, dewatering/groundwater-related impacts, fugitive dust, surface blasting, etc.

(Ord. No. 23-17, 6-25-2024)