A. In all excavation of rock, provisions for safety to persons and to adjoining property must be provided including, but not limited to the following requirements:

1. (1) Fencing may be required at any excavation in rock which exceeds twenty feet in depth. Fencing along “natural barriers” such as swamps, rivers, and salt marsh may not be required. Fencing along sides of quarries on natural slopes or where no highwall is present may be required to discourage access to the base of highwalls present in other parts of the quarry. Cultural or other barriers including, but not limited to, rock barricades, elevated roadways, railroads and building facades may be accepted by the Department.
2. (2) The type of fence required by the Department depends primarily on the location of the excavation. The types of fences which may be required by the Department are woven wire, barbed wire, chain link, or combination of the three. Woven and barbed wire fences are generally suitable for rural areas with no adjacent development. Chain link fences are suitable generally for urbanized or heavily developed areas. If the area adjacent to an excavation becomes urbanized after a fence suitable for a more remote location has been installed and accepted, upgrading of the fence may be required.
3. (3) Woven wire fence fabric shall be at least thirty-nine inches in width. Woven wire fences shall be topped with two strands of two-point, twelve and one-half gauge or heavier barbed wire having barbs not over five inches apart. Thirty-nine inch woven wire shall have nine lines with six inch spacing on stay wires. Barbed wire fences shall have at least five equally spaced strands of four-point barbed wire, twelve and one-half gauge or heavier with barbs not more than five inches apart. The top strand must be forty-five inches above the ground. Chain link fence fabric shall be not less than sixty inches in width. Forty-eight inch chain link fences may be substituted for woven wire or barbed wire fences. Chain link fences must be eleven and one-half gauge and have a tension wire or rails at the top and bottom. Higher chain link fences or chain link fences topped with three or four strands of four-point, twelve and one-half gauge or heavier barbed wire, with barbs not over five inches apart, may be required in certain cases. The bottom strand of the fence shall not come in contact with the ground and there must be no excessive openings between the ground and the bottom of the fence. Opening under fences, caused by crossing ditches or small ground depressions where it is not practical for the fencing to follow closely the contour of the ground, must be fenced or otherwise closed.

B. All overburden and spoil shall be placed so as not to result in deposits of sediment in streams, lakes, or on adjacent property. Also, it shall not be placed in such a way as to interfere with proper drainage. If the Department finds environmental degradation or degradation of the scenic values in the non-permitted area resulting from sedimentation or water pollution, then the Department may require corrective measures including, but not limited to:

1. (1) Runoff from the temporary overburden piles will be diverted into the mining operation, pits, sediment basins or otherwise prevented from leaving the site until adequate settlement or filtration has been accomplished.
2. (2) Temporary overburden piles shall not be placed in or infringe on natural drainageways or floodways, unless proper designs are utilized.
3. (3) Temporary overburden piles in public view shall be vegetated as rapidly as the placement operations permit.
4. (4) Each segment of permanent overburden shall be shaped and vegetated (where appropriate) as rapidly as placement progresses.
5. (5) The shape of the permanent overburden material will blend in with the natural landscape and in accordance with the Reclamation Plan.
6. (6) Temporary or permanent Best Management Practices for erosion control shall be used as needed to prevent sediment from leaving the site.
7. (7) Permanent overburden piles shall be placed in a manner consistent with land use and in a manner which will not interfere with natural drainage, drainageways, or floodways.