§ 27-1273 — Approval; criteria

A. The inspector shall approve a reclamation plan for aggregate mining units if the plan provides for reclamation measures for surface disturbances that are:

1. Necessary to achieve a safe and stable condition suitable for the postaggregate mining land use objectives stated in the reclamation plan.

2. Compatible with good engineering practices regarding erosion control and seismic activity for the applicable seismic zone.

B. In evaluating the reclamation plan, the inspector shall consider the technical and economic practicability of the proposed reclamation measures, taking into account the site-specific circumstances at the aggregate mining unit and the proposed postaggregate mining land use objectives as stated in the reclamation plan, including:

1. Grazing and other agricultural land use objectives.

2. Developed water resources, water management projects and planned and existing underground water storage facilities.

3. Fish or wildlife habitat.

4. Forestry.

5. Historic preservation.

6. Industrial or commercial uses, including tourism.

7. Recreational uses.

8. Residential uses.

9. Scientific or educational uses.

10. Aggregate mining or remining, except that the proposed postaggregate mining use of aggregate mining or remining does not relieve an owner or operator from complying with or implementing the reclamation plan requirements under this chapter.

11. Water course channelization.

12. Other appropriate postaggregate mining land use objectives.

C. In evaluating the reclamation plan, the inspector may consider comments from the state geologist or any elected official.

D. The postaggregate mining land use objective stated in the reclamation plan need not be the same use of the land that existed before the aggregate mining facility was located on the site.