PERMFILE43283

• Permit No: M1999002
• IBM Index Class Name: Permit File
• Doc Date: 6/18/1999
• Doc Name: PREHEARING BRIEF OF GENERAL CHEMICAL
• Media Type: D
• Archive: No

JUN-1?-1959 12~~J6 ROTHrEF.BEF. ?OHNSON&LYCtJS Vin; E_'8 552 P.15
• •
In sum, the statute requires an operator (any corporation engaged in or controlling a
mining operation, § 34-32-103 (10)) to first obtain a permit before engaging in a mining
operation. Since a mining operation is defined to include all developmental work, there is a
conflict between the Applicant's proposal and the requirements of the statute. T1te proposal
merely contemplates rhos ao commer~ai operarions will be wmmenced until the baseline data
have be_"ta gathered, but leaves the operator free to pursue unspedfied developmental activitin
while the information gathering activities err: taking p]aL. The Applicant is therefore proposing
to dreumvent the statutory regn;rrmr.,t for a permit In advance of developInent activities.
The same requirements are reflected in the statutory gtovisions governing permit
applications. "Any operator desiring to obtain a recla[nation permit shall maim written
application...to the office with a permit on forms provided by the board." § 34-32-112 (1). Z7[e
application must include "a reclamation plan submittr~ with each of the appIIcations." § 34-32-
112 (I)(b). The `reclamation plan shall include provisions for, or satisfactory explanation of, all
general requuement~ for the type of reclamation prvposcd to be implementr~ by the operator.
Reclamation shall be required on all the affected land- The reclamation plan shall include: ••'
(b) A description of how the reclamation plan will be implemented to meet the requirements of
Searoa 34-32-116.° § 34-32-112 (3)(b). The satutnry anoss-referEnce is to the duties of
operators.
°Every operator to whom a permit is issued puzsatant to the provisions of this article shall
perform such reclamation as is prescribed by the reclamation plan adopted pursuant to this
section-" 534-32-116 (1). Reclamation plans and the implementation thereof shall conform to
the following general requirements:
I?isturbances to the prevailing hydrologic balance of the affected land and of the
surrounding area and to the quality and quantity of water in surface and
groundwater systans both during and after the mining operation and during
reclamation shall be minimized. Nothing in this paragraph (g) shall be
construed to allow the operator to avoid compliance with the starutary provision
governing well permits and augmentation requirements and replacement plans
when applicable.
g 34-32-116 (~(p~.
So, the Applicant's submission for a reclamation permit must include a reclamation plan.
The reclamation plan must meet the trequiretnents stated in the listing of the duties of the
operator. The dudes of the operator include a general tequirLment for minimizng disturbances to
the prevailing hydrologic balance of the [affected land and in the surrounding area, and to the
quality and quantity in surface and groundwater systems both during and after mining operation.
A complete reclamation plan [addressing this requirement is therefore a prerequisite for a permit.
A cot[tplete reclamation plan cannot be prepared in the absence of baseline data, since in the
absence of baseline data, one cannot make a judgment about wbclber a plan can be effective at
minimizing the environmental disturbances in question.