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QUESTION 6

LATERAL DISTANCE PROHIBITIONS

State What Lateral Distance Prohibitions Exist? *
AL (1)(2)(3)(4)(5)(6)(7)(8)(9) = All require 50' setback with 3:1 slope.
AR (1)(2)(3)(4)(6)(8) & (9) = 10 ft. plus 1 1/2 times the depth of the excavation; (5) = 25 ft.
AZ N/A
CA (5) = Out of 100-year flood plain1
CO (1)(2)(3)(4)(6)(8) & (9) = 200 ft.
GA (1) = Sufficient to develop 3:1 slope; (2) = General safety; (5) & (7) = 25 ft. to 100 ft.
IL (1)(2) & (3) = 1 1/2 times the depth of unconsolidated material plus 10 ft.
IN None.
IA (1) = 25 ft. & 50 ft.; (2)(3) & (9) = 50 ft.; (8) = 25 ft. for 25 ft. deep/50 ft. for greater depth.
KS (1)(2)(6)(8) & (9) = Double the depth of the pit; (3) = Call "Dig Safe".
KY (1) = 300 ft. blasting - 100 ft. mineral extraction; (2)(5) & (9) = 100 ft.; (3) & (4) = Letter of approval if within area; (6) = Specify if on site or adjacent; (7) = Approval from Corps of Engineers.
ME (1)(6) & (9) = 1,000 ft. from mine waste units or 300 ft. from other activities; (2) = 300 ft. from mine waste units or from other activities; (5) & (7) = 300 ft. from mine waste units or 100 ft. from other activities; (10) = 5 ft. from mine waste units.
MD (1) & (2) = 25 ft. minimum--may be larger; (3) = By permission within right-of-way; (5) & (7) = 25 ft. up to 100 ft.; (6) & (9) = Varies.
MS (1) = 100 ft.; (5) = 50 ft.-300 ft., depending on size of river; (6) = As required by Dept. of Archives & History; (7) = As required by Corps of Engineers.
MO (2) = 100 ft.; (5) = None, but can't disturb within banks without an in-stream permit.
NV (5)(6)(7)(9) & (10) = Condition of permit.
NJ (1) = 200 ft.; (2)(5)(6) & (7) = 100 ft.; (3)(4) & (9) = 125 ft.; (8) = 65 ft. in coastal plain sediments & variable in other areas.
NM None.
NY (1)(2) & (4) = 25 ft. or more; (3) Need right-of-way; (5) = 100 ft. from protected streams, all other 25 ft.; (6) = depends on site specific reviews; (7) = Minimum 100 ft.; (8) = In regulations; (9) = site specific review; (10) = Covered by permit conditions.
NC (1)(2)(3)(4)(5)(6)(7)(8)(9) & (10) = Varies (site specific).
OH (1) = 50 ft. from property line; (2) = 50 ft. of right-of-way.
OK (1)(2) & (8) = 25 ft. plus 1 1/2 times the depth of the cut; (3) = Blasting distances outlined in regulations--easements viewed as adjacent properties; (4) & (9) = Outlined in the blasting regulations; (6)(7) & (10) = Administered by another agency.
OR Minimum are 50 ft. but actuals generally exceed and are determined on site specific basis.
PA (1) = 25 ft.; (2) & (5) = 100 ft.; (3)(7) & (10) = Distance based on site specific basis; (4) = 125 ft. radius; (6) = 300 ft.; (8) = Distance based on highwall stability; (9) = Distance based on potential hydrologic impact.
SC (1)(2)(3)(6)(8) & (9) = Site specific buffer; (5) & (7) = 50 ft.
SD (1)(2)(3)(4)(5)(6)(7)(8)(9) & (10) = All depends on site specific circumstances. Can apply permit conditions to restrict disturbance in such areas.
TN N/A (Submittal refers reader to 59-8-205(a)(7)--on file at IMCC offices).
TX (2) & (6) = 150 ft.; (4) = 100 ft. or greater than 1 times depth of cut.
VA (1) = No slope closer than 25 ft.; (2) = 25 ft.; (3) = 25 ft. of right-of-way--notify if 500 ft. or 300 ft. blast; (4) = Identify if within 500 ft.; (5) = 50 ft.; (8) = No slope closer than 25 ft., safety law 5 ft.
WA (1)(2)(3)(4)(5)(6)(7)(8)(9) & (10) = All site by site basis.
WV (1) = 500 ft. (notification only); (2) = 100 ft.; (5) = 100 ft. of stream, 50 ft. of natural drainway; Other = 100 ft. of any public property.
WI (2) & (6) = 1,000 ft.; (5) = 300 ft.; (9) = 1,200 ft.; (10) = Must meet groundwater standards within 1,200 ft. of facility or at property boundary (whichever is closest).
WY (1) = 300 ft. of occupied dwelling, public building; (2)(3)(4)(5)(6)(7)(8)(9) & (10) = No distance prohibitions, but are treated on a site by site basis.


1) CA: Counties could establish prohibitions for all categories listed (except floodplain) under the CA Environmental Quality Act (CEQA).
KEY
(1) = ADJACENT PROPERTIES
(2) = PUBLIC ROADS
(3) = PUBLIC UTILITIES (TELEPHONE, GAS AND POWER LINES)
(4) = GAS / OIL WELLS
(5) = RIVERS / STREAMS
(6) = SIGNIFICANT HISTORIC FEATURES
(7) = WETLANDS
(8) = MINING DEPTH (AND PROXIMITY TO ADJOINING PROPERTY)
(9) = PUBLIC WATER SUPPLIES
(10) = GROUNDWATER PROTECTION



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