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iii iiniiiiiiiiiiii ~ <br />999 <br />Constmction <br />RULE 3: <br />Page 47 <br />s Rule 3 <br />MONITORING. AND ENFORCEMENT <br />3.1 RECLAMATION PERFORMANCE STANDARDS <br />3.1.1 Establishing Post-Mining Use <br />(1) In consultation with the Landowner, where po ible, and <br />subject to the approval of the Board or Office, the Operator sh choose <br />how the affected lands shall be reclaimed. These decisions an be for <br />forest, range, crop, horticultural, homesite, recreational, Indus , or other <br />uses, including food, shelter and ground cover for wildlife. <br />(2) The results of these decisions shall be formal ted into a <br />Reclamation Plan, as specified in Subsections 6.3.4 or 6.4.5, required <br />for the size and type of operation. <br />3.1.2 Reclaiming Substituted land <br />Reclamation shall be required on all the affected land exce t that the <br />Operator may substitute land previously mined and owned by th Operator <br />but not otherwise subject to the Mined Laad Reclamation t, or the <br />Operator may reclaim an equal number of acres of any land reviously <br />mined, but not owned by the Operator, if the Operator has not reviously <br />abandoned unreclaimed mining lands. Such exchanges can be one only <br />with the approval of the Board and the Owner of the land to be ]aimed. <br />3.1.3 Time Limit and Phased Reclamation <br />]le(a)(~(>n All reclamation shall be carried to completion by the Operat r with all <br />reasonable diligence, and each phase of reclamation shall be mpleted <br />within five (5) years from the date the Operator informs the Boaz or Office <br />that such phase bas commenced, unless extended by the Boazd r Office. <br />The 5-year period may be applied separately to each pha a as it is <br />commenced throughout the life of the mine. <br />3.1.4 Public Use <br />116(4)(e) On lands owned by the Operator, the Operator may permit the pu lac to use <br />the same for recreational purposes, in accordance with th Limited <br />Landowner Liability Law contained in Article 41 of Title 33, C. .S. 1984, <br />as amended, except in areas where such use is found by the Ope for to be <br />hazardous or objectionable. <br />3.1.5 Reclamation Measures -Materials Handling <br />The Operator shall set forth the measures that will'.le taken to tall the <br />following requirements: <br />