§ 27-1227 — Substantial changes to approved reclamation plan

A. The state mine inspector must approve any substantial change to an approved reclamation plan as provided by this section before the change is implemented.

B. The owner or operator of the exploration operation or aggregate mining unit shall submit a notice of a proposed change to the inspector describing the purpose and scope of the proposed change and whether it constitutes a substantial change to the approved reclamation plan. The inspector shall notify the owner or operator submitting a notice of a proposed change to an approved reclamation plan whether the proposed change constitutes a substantial change within fifteen days after receiving the notice.

C. If the inspector determines that the change is substantial, the inspector shall require the owner or operator to submit an amendment to the plan for approval. The inspector shall approve or disapprove the amended plan within ninety days after receiving the amended plan.

D. The inspector shall define substantial change by rule.

E. Before implementing a substantial change in an approved reclamation plan, the owner or operator shall submit to the inspector a revised financial assurance mechanism to account for the substantial change.