Laserfiche WebLink
.. ~. <br />Page 28 <br />34-32-116 <br />(p) If the operator's choice of reclamation is for the development of <br />the affected land for homesite, recreational, industrial, or other <br />uses, including food, shelter, and ground cover for wildlife, the basic <br />minimum requirements necessary for such reclamation shall be agreed <br />upon by the operator and the. board. <br />(q> All reclamation provided for in this section shall be carried to <br />completion by the operator with all reasonable diligence and shall be <br />conducted concurrently with mining operations to the extent <br />practicable, taking into consideration the mine plan, mine safety, <br />economics, the availability of equipment and material, and other site <br />specific conditions relevant and unique to the affected land and to the <br />postmining land use. Upon termination of the entire mining_operation <br />and in accordance with the reclamation plan, each phase of final <br />reclamation shall be completed prior to the expiration of five years <br />after the date on which the operator advises thE~ board that such phase <br />has commenced, unless such period is extended b)~ the board pursuant to <br />section 34-32-112 (7); except that: <br />(I) No planting of any kind shall be required to be made on any <br />affected land being used or proposed to be used by the operator for the <br />deposit or disposal of refuse until after the cf~ssation of operations <br />productive of such refuse, or proposed for future mining, or within <br />depressed haulage roads or final cuts while such roads or final cuts <br />are being used or made, or where permanent pooh; or lakes have been <br />formed; <br />(II) No planting of any kind shall be required on any affected land sc <br />long as the chemical and physical characteristi~:s of the surface and <br />immediately underlying material of such affectedi land are toxic, <br />deficient in plant nutrients, or composed of sand, gravel, shale, or <br />stone to such an extent as to seriously inhibit plant growth and such <br />condition cannot feasibly be remedied by chemic~-1 treatment, <br />fertilization, replacement of overburden, or like measures. Where <br />natural weathering and leaching of any of such ;affected land, over a <br />period of ten years after commencement of reclamation, fails to remove <br />the toxic and physical characteristics inhibitory to plant growth or <br />if, at any time within such ten-year period, th~a board determines that <br />any of such affected land is, and during the remainder of said ten-year <br />period will be, unplantable, the operator's obligations under the <br />provisions of this article with respect to such affected land may, with <br />the approval of the board, be discharged by reclamation of an equal <br />number of acres of land previously mined and owned by the operator not <br />otherwise subject to reclamation under this article. <br />(III) With the approval of the board and the o~,rner of the land to be <br />reclaimed, the operator may substitute land previously mined and owned <br />by the operator not otherwise subject to reclamation under this article <br />