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(8) Planting required for reclamation may be delayed, through the period of use <br /> related to places of refuse disposal, haulage roads and road cuts. Normal stabilization <br /> of surfaces is required. <br /> It is understood by SEMA that reclamation may be delayed, through the period necessary to <br /> dispose of refuse and the use of haul roads. All applicable industry stabilization standards <br /> for such areas will be used. SEMA is aware that no planting is required on these areas, as <br /> follows: <br /> (a) on any affected land being used or proposed to be used by the Operator for <br /> the deposit or disposal of refuse until after the cessation of operations <br /> productive of such refuse; <br /> (b) on lands proposed for future mining; <br /> (c) within depressed haulage roads or final cuts while such roads or final cuts <br /> are being used or made; <br /> (d) where permanent pools or lakes have been formed; and <br /> (e) on any affected land so long as the chemical and physical characteristics of <br /> the surface and immediately underlying material of such affected land are <br /> toxic, deficient in plant nutrients, or composed of sand, gravel, shale, or stone <br /> to such an extent as to seriously inhibit plant growth and such condition <br /> cannot feasibly be remedied by chemical treatment, fertilization, replacement <br /> of overburden or like measures. <br /> (9) Where adverse characteristics of the surface, not feasibly remedied by artificial <br /> measures, would seriously inhibit plant growth, planting may be delayed or provided <br /> on substitute acres, depending upon natural corrective processes over a 10-year <br /> period: <br /> There do not appear to be any adverse surface characteristics which would prohibit site <br /> reclamation. SEMA does not intend to substitute other acres for reclamation. <br /> 3.1.11 Buildings and Structures: <br /> If the affected land is owned by a legal entity other than any local, state, or federal entity, <br /> and buildings or structures including those constructed or placed on the affected lands in <br /> conjunction with the mining operations or which are historic structures as determined by the <br /> State Historic Preservation Office may remain on the affected land after reclamation at the <br /> option of the Operator and Landowner if such buildings or structures will not conflict with <br /> the post mining land use, and with the approval of the board. <br /> • The mining area is privately owned surface and the minerals are appurtenance to the land <br /> made available to SEMA Construction for borrow material by Diehl Land Enterprises. <br /> 48 <br />