§ 27-974 — Preservation and conservation of soil; exceptions

Before creating a surface disturbance that is stated to be reclaimed by revegetation pursuant to a new mining unit reclamation plan, the owner or operator shall conserve the soil as reasonably available from the area of disturbance to support the stated revegetation on that specific disturbance as necessary to achieve the post-mining land use objectives stated in the reclamation plan unless the owner or operator demonstrates one or more of the following factors:

1. There is insufficient soil to make recovery practicable.

2. Recovery of the soil is not practicable due to limitations of topography, thickness of soil or other physical, climactic or biological constraints.

3. Direct revegetation of the disturbance, with or without soil amendments, is reasonably expected to be successful.