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ORDINANCE 2007- 035 determination is made by the planning and zoning commission concerning the need to limit hours of operation due to the anticipated impact of the mining operation on surrounding properties. Applicants operating adjacent to residential zoning districts or agriculturally -zoned parcels of 10 acres or less shall be permitted to operate between the hours of 7:00 a.m. to X98 6:00 p.m. on weekdays; hauling off-site shall not occur after 5.00 p.m. on any day. Oeperation other than 7:00 a.m. to 5:88 6:00 p.m. may be permitted by the board of county commissioners if the board determines that the impact of the mining operation on surrounding properties will not constitute a nuisance to the neighborhood, contrary to county noise and vibration control regulations. (b) The land surface shall be restored to a condition which is in complete compliance with the site plan for reclamation and rehabilitation of the area. The mining excavation pit shall not be located within one hundred fifty (150) feet of the projected right-of-way line of any existing or proposed public road nor within one hundred fifty (150) feet of the outer perimeter of the land area. Where a mining operation consists only of the removal of a mound and does not consist of lowering the elevation of ground below the neighboring property, an exception to the one -hundred -fifty (150) foot outer perimeter setback may be permitted at the time of the site plan approval. All slopes and banks shall be sloped at a ratio of not steeper than three (3) feet horizontal to one foot vertical, graded, grassed and stabilized. (c) Permanent project boundary corners with intermediate stakes at a minimum interval of three hundred (300) feet, and all limits of excavation shall be staked, marked and maintained with visible flags in the field, in accordance with approved plans for the permit. (d) Annual progress report. The operator holding a valid mining permit shall file, on or before October 1 of each year, a written report to the community development department identifying the lands mined and reclaimed for the preceding calendar year and identifying lands expected to be mined and lands planned for reclamation during the current year. The report shall also verify compliance with all conditions of other permitting authorities and shall note the expiration dates for all permits. Failure to file the required annual progress report shall be grounds for suspension of the operating permit; however, an extension of time for fling may be granted by the planning and zoning commission upon request and for reasonable cause. (5) Requirement of bonds. (a) Intent. Compliance and restoration bonds shall be posted to ensure that the site is developed, operated, and restored in conformance with the approved mining site plan. The compliance bond can be assessed as a penalty only to violations of site plan approval that are chargeable to the mining permit holder, and those under his supervision, direction, or control. The restoration bond is to provide funds to Bold Italics: Additions to Ordinance 4 Strike tom, Deleted Text from Existing Ordinance F:\Conmumity Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF