SECTION 9 - PROHIBITED PROJECTS

The Regulator shall not grant a permit:

9.1     Where the excavation would violate the operational standards of Section 7;

9.2     When the issuance of the permit would be unduly hazardous or injurious to the public welfare, or would unduly endanger the safety of highway uses or local residents;

9.3     Where existing visual barriers would be removed, except to provide access to the excavation;

9.4     Where the excavation would substantially damage a known aquifer, so designated by the United States Geological Survey;

9.5     For excavation within 150 feet of an existing dwelling or a dwelling for which a building permit has been issued at the time the excavation is begun;

9.6     Where the project cannot comply with the reclamation provisions of Sections 6 and 8;

9.7     Where the excavation is not permitted by zoning or other applicable ordinances;

9.8     Where an excavation is proposed below road level within 50 feet of any highway right-of-way unless such excavation is for the purpose of said highway;

9.9     Where the excavation would cause unreasonable dimunition in area property value or unreasonably change the character of the neighborhood;

9.10    Where the excavation will unreasonably accelerate the deterioration of highways or create safety hazards in the use thereof.