_ENFORCEMENT - M1978352 ‎(13)‎

• Permit No: M1978352
• IBM Index Class Name: Enforcement
• Doc Name: APPENDIX TO MEMORANDUM BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS OR IN ALTERNATIVE FOR SUMMAR
• Media Type: D
• Archive: No

5.3 Terms and Aitions for Prospecting Operati�
5.31 The prospecting operations described in this notice will be
conducted in such a manner as to minimize surface disturbances.
In addition to the measures required in Rule 6, precautions to
® be taken include :
( 1 ) Confinement of operations to areas near existing roads
or trails where practicable;
(2) Timely plugging or capping of drill holes in a proper,
inconspicuous and safe manner upon completion or abandonment;
(3) Reclamation of affected lands upon completion of operations
or phases of an operation ;
(4) Dispersing or burying materials removed from any hole;
(5) Backfilling and revegetating any pits ; and
(6) In the case where drill holes in sedimentary rock
produce water, sealing separately from one another,
aquifers that are separate and discrete so as to prevent
intermingling of water.
5. 32 The prospecting operation shall be conducted so as to minimize
adverse effects upon wildlife.
113(4) 5.33 Upon filing the Notice of Intent to Conduct Prospecting, the
person shall post surety in an amount determined by the Board
not to exceed two thousand dollars per acre of the land to be
disturbed, or shall post a statewide bond. If a statewide
prospecting surety is posted, the person posting the surety
must otherwise comply with the provisions of this section for
every area to be prospected. (Further information on surety
procedures may be found in RULE 7. )
® 113(5) 5.34 Upon completion of the prospecting, there shall be filed with
the Board a Notice of Completion of Prospecting Operations.
Within ninety (90) days after the filing of the Notice of
Completion the Board shall notify the person who had conducted
the prospecting operations of the steps necessary to reclaim
the land. (In most cases this will simply involve a conference
to discuss the reclamation plans outlined in the Notice of
Intent previously submitted by that person. )
113(6) 5. 35 The Board shall inspect the lands prospected within thirty (30)
days after the person prospecting the lands completes the
reclamation and notifies the Board that the reclamation is
finished. If the Board finds the reclamation satisfactory, the
Board shall release the surety.
113(7) 5. 36 The surety shall not be held for more than thirty (30) days
after the completion of the reclamation.
5. 37 All prospecting operations shall be conducted in such a manner
as to comply with all applicable state and federal air and
water quality laws and regulations , the 1976 Act, and these Rules
and Regulations.
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