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(A) Used or proposed to be used by the operator for the deposit or disposal of refuse <br />until after the cessation of operations productive of such refuse or proposed for future mining <br />operations; <br />(B) Within depressed haulage roads or final cuts while such roads or final cuts are <br />being used or made; or <br />(C) Where permanent pools or lakes have been formed. <br />(III) No planting of any kind shall be required on affected land so long as the <br />chemical and physical characteristics of the surface and immediately underlying material of <br />such affected land are chemically incompatible with plant growth, deficient in plant nutrients, <br />or composed of sand, gravel, shale, or stone to such an extent as to seriously inhibit plant <br />growth and such condition cannot feasibly be remedied by chemical treatment, fertilization, <br />replacement of overburden, or like measures. When natural weathering and leaching of any <br />of such affected land, over a period of five years after commencement of reclamation, fails <br />to remove the chemical and physical characteristics inhibitory to plant growth or if, at any <br />time within such five-year period, the board determines that any of such affected land is, and <br />during the remainder of said five-year period will be, unplantable, the operator's obligations <br />under the provisions of this article with respect to such affected land may, with the approval <br />of the board, be discharged by reclamation of an equal number of acres of land previously <br />mined and owned by the operator and not otherwise subject to reclamation under this article. <br />(IV) With the approval of the board and the owner of the land to be reclaimed, an <br />operator may substitute land previously mined and owned by the operator that is not <br />otherwise subject to reclamation under this article or, in the alternative, with the approval of <br />the board and the owner of the land, reclamation of an equal number of acres of any lands <br />previously excavated or mined but not owned by the operator if' the operator has not <br />previously abandoned unreclaimed land affected by mining operations. As an alternative, <br />the board may grant the reclamation of lesser or greater acreage if the cost of reclaiming such <br />acreage is at least equivalent to the cost of reclaiming the original permit lands. If an area <br />is so substituted, the operator shall submit a map of the substituted area conforming to all <br />map requirements in this article. Upon completion of reclamation of the substituted land, the <br />operator shall be relieved of all obligations under this article with respect to the land for <br />which substitution has been permitted. <br />(r) A building, or a structure placed on affected land during; extraction operations, <br />may remain on the affected land at the option of the operator with the approval of the <br />landowner and the board if such building or structure conforms to local building and zoning <br />codes and is compatible with the postmining land use. <br />34-32.5-117. Warranties of performance - warranties of financial responsibility <br />- release of warranties. (1) A permit shall not be issued under this article until the board <br />receives the performance and financial warranties described in subsections (2), (3), and (4) <br />of this section. <br />(2) A "performance warranty" is a written promise made by the operator to the board <br />to comply with this article and shall be in such form as the board may prescribe. Whenever <br />two or more persons or entities are named as operators in a single permit, such operators may