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I~~'I~I~~!~~II~~'~I Page 59 Construction Materials Rule 3 RULE 3: RECLAMATION PERFORMANCE STANDARDS. INSPECTION. MONITORING. AND ENFORCEMENT 3.1 RECLAMATION PERFORMANCE STANDARDS 3.1.1 Establishing Post-Mining Use (1) In consultation with the Landowner, where possible, and subject to the approval of the Boazd or Office, the Operator shall choose how the affected lands shall be reclaimed. These decisions can be for forest, range, crop, horticultural, home-site, recreational, industrial, or other uses, including food, shelter and ground cover for wildlife. (2) The results of these decisions shall be fotmulated into a Reclamation Plan, as specified in Subsections 6.3.4 or 6.4.5, as required for the size and type of operation. 3.].2 Reclaiming Substituted Land 116(4)(q)(IV) Reclamation shall be required on all the affected land except that the Operator may substitute land previously mined and owned by the Operator but not otherwise subject to the Mined Land Reclamation Act, or the Operator may reclaim an equal number of acres of any land previously mined, but not owned by the Operator, if the Operator has not previously abandoned unreclaimed mining ]ands. Such exchanges can be done only with the approval of the Board and the Owner of the land to be reclaimed. 3.1.3 Time Limit and Phased Reclamation 116(4)(q)(I}) All reclamation shall be carried to completion by the Operator with all reasonable diligence, and each phase of reclamation shall be completed within five (5) yeazs from the date the Operator informs the Board or Office that such phase has commenced, unless extended by the Boazd or Office. The 5-year period may be applied sepazately to each phase as it is commenced throughout the life of the mine. 3.1.4 Public Use 116(4)(e) On lands owned by the Operator, the Operator may permit the public to use the same for recreational purposes, in accordance with the Limited Landowner Liability Law