1997-06-13_REVISION - M1981302 (60)

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Page 19 these post-mining land uses and obtain bond release and reclamation permit termination, at which time the land owner would be free of any regulation under the Land Reclamation Act for the Extraction of Construction materials as to how the land is managed, or the operator would have to obtain approval of a permit amendment changing the post-mining land use to industrial/commercial. The question as to whether the Deepe Farm Pit is "flood-prone" is addressed elsewhere in this document. The following citations from the statute and the regulations are pertinent to an operator's rights to modify an approved reclamation plan or change the specified post-mining land uses. "34-32.5-109(3) -No governmental office of the state, other than the board, nor any political subdivision of the state shall have the authority to issue a reclamation permit pursuant to this article, to require reclamation standards different than those established in this article..". "34-32.5-1 12(7)(a) - An operator may, within the term of a reclamation permit, apply to the board or the office for a reclamation permit amendment to increase the acreage to be affected or otherwise revise the reclamation plan...... Rule 3.1.1 Establishing Post-Mining Land Use (1) In consultation with the Landowner, where possible, and subject to the approval of the Board or Office, the Operator shall choose how the affected lands shall be reclaimed. These decisions can be for forest, range, crop, horticultural, homesite, recreational, industrial, or other uses, including food, shelter and ground cover for wildlife. (2) The results of these decisions shall be formulated into a Reclamation Plan, as specified in Subsections 6.3.4 or 6.4.5, as required for the size and type of operation. Rule 6.4.5(2)(a) - The Reclamation Plan shall include a description of the type(s) of reclamation the Operator/Applicant proposes to achieve in the reclamation of the affected land, why each was chosen, the amount of acreage accorded to each, and a general discussion of the methods of reclamation as related to the mechanics of earthmoving. Clearly,the statute and the regulations provide that the operator may modify approved reclamation plans during the term of a permit through the amendment process, and further provide that it is the operator that develops the specifics of any proposed reclamation plan. It is then the Division's responsibility to determine if the plan proposed by the operator is adequate to achieve the post-mining land use selected by the