§ 27-973 — Approval; criteria

A. The state mine inspector shall approve a reclamation plan for 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 post-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 mining unit and the proposed post-mining land use objectives as stated in the reclamation plan, including:

1. Grazing and other agricultural land use objectives.

2. Developed water resources and water management projects.

3. Fish or wildlife habitat.

4. Forestry.

5. Historic preservation.

6. Industrial or commercial, including tourism.

7. Recreation.

8. Residential.

9. Scientific or educational.

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

11. Other appropriate post-mining land use objectives.

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