§ 12a.1. Findings of fact.

The following facts establish the need to place coal mining into an exclusive use zoning district.

12a.11 Characteristics of Coal Mining. Coal mining of land for the removal of valuable and needed coal deposits is a part of the community's economy. The high volume of truck traffic associated with transporting coal and the noise, dust and other potential nuisance-like characteristics suggest industrial zoning would be appropriate. However, coal mining of land is a limited duration use, and once such use is terminated in Daviess County, it is found that the areas are not within immediate reach of public utilities and other facilities which are necessary to sustain concentrated urban growth. This limitation makes industrial zoning inappropriate for subsequent uses to be located on this land within the foreseeable future. Major factors in determining proper site location for coal mining are the particular locations for coal deposits, the depth below the surface at which the mineral is found and the possible destruction of other natural amenities. These factors are not usually considered in the location of industrial zones. Therefore, coal mining and location criteria for such uses must be defined separately.

12a.12 Need For Specific Standards. If proper coal mining standards are not adhered to, the operation may result in the pollution of streams; severe soil erosion and a total loss of the land for other compatible uses for years to come. Coal mining will involve extensive reclamation practices. As a result of the factors listed above, coal mining must be placed in an exclusive use zone, which includes specific operational and reclamation standards and appropriate protection for subsequent use.