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This entry was published on 2014-09-22
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SECTION 23-2713
Mined land-use plan
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 23, TITLE 27
§ 23-2713. Mined land-use plan.

1. All mining and reclamation activities on the affected land shall be
conducted in accordance with an approved mined land-use plan. The
approved mined land-use plan shall consist of both a mining and a
reclamation plan, and any other information which the department deems
necessary in order to achieve the purposes of this title.

(a) The mining plan shall consist of a written and graphic description
of the proposed mining operation, including the boundaries of the land
controlled by the applicant, the outline of potential affected acreage
and the general sequence of areas to be mined through successive permit
terms. The graphic description shall include the location of the mine
and shall identify the land affected by mining after April first,
nineteen hundred seventy-five, including but not limited to areas of
excavation; areas of overburden, tailings, and spoil; areas of topsoil
and mineral stock piles; processing plant areas; haulageways; shipping
and storage areas; drainage features and water impoundments. The written
description of the plan shall include the applicant's mining method and
measures to be taken to minimize adverse environmental impacts resulting
from the mining operation.

(b) The reclamation plan shall consist of a graphic and written
description of the proposed reclamation. The graphic description shall
include maps and cross sections which illustrate the final physical
state of the reclaimed land. The written description of the plan shall
describe the manner in which the affected land is to be reclaimed, and a
schedule for performing such reclamation.

(c) A draft environmental impact statement prepared pursuant to
article eight of this chapter may be submitted in lieu of a mined
land-use plan if the department determines that it conforms to the
requirements of this section and the rules and regulations promulgated
pursuant thereto.

(d) The department may, after notice and an opportunity for a hearing,
impose a reclamation plan in the absence of an approved reclamation plan
or upon a finding of noncompliance with or failure of an approved
reclamation plan.

2. The reclamation of all affected land shall be completed in
accordance with the schedule contained in the approved mined land-use
plan pertaining thereto. The schedule, where possible, shall provide for
orderly, continuing reclamation concurrent with mining. The permittee
shall submit to the department a notice of termination of mining within
thirty days after such termination. Reclamation of the affected land
shall be completed within a two year period after mining is terminated,
as determined by the department, unless the department deems it in the
best interest of the people of the state to allow a longer period for
reclamation. The permittee shall submit to the department a notice of
completion of reclamation within thirty days of such completion. If the
department fails to approve or disapprove the adequacy of reclamation
within ninety days after receipt of the notice of completion of
reclamation, the permittee may notify the department of such failure by
means of certified mail return receipt requested addressed to the
commissioner. If within thirty days after receipt of such notice, the
department fails to mail a decision, the permittee shall be relieved of
the obligation to maintain financial security in respect to reclamation;
provided, however, nothing herein shall relieve the permittee of the
obligation to accomplish adequate reclamation. The permittee shall file
periodic reports at such times as the department shall require,
indicating areas for which reclamation has been completed. The
department shall inspect such areas and notify the permittee whether the
reclamation is in accordance with the approved plan or whether there are
deficiencies that must be corrected.