§ 23-2713 — Mined land-use plan

§ 23-2713. Mined land-use plan.\n 1. All mining and reclamation activities on the affected land shall be\nconducted in accordance with an approved mined land-use plan. The\napproved mined land-use plan shall consist of both a mining and a\nreclamation plan, and any other information which the department deems\nnecessary in order to achieve the purposes of this title.\n (a) The mining plan shall consist of a written and graphic description\nof the proposed mining operation, including the boundaries of the land\ncontrolled by the applicant, the outline of potential affected acreage\nand the general sequence of areas to be mined through successive permit\nterms. The graphic description shall include the location of the mine\nand shall identify the land affected by mining after April first,\nnineteen hundred seventy-five, including but not limited to areas of\nexcavation; areas of overburden, tailings, and spoil; areas of topsoil\nand mineral stock piles; processing plant areas; haulageways; shipping\nand storage areas; drainage features and water impoundments. The written\ndescription of the plan shall include the applicant's mining method and\nmeasures to be taken to minimize adverse environmental impacts resulting\nfrom the mining operation.\n (b) The reclamation plan shall consist of a graphic and written\ndescription of the proposed reclamation. The graphic description shall\ninclude maps and cross sections which illustrate the final physical\nstate of the reclaimed land. The written description of the plan shall\ndescribe the manner in which the affected land is to be reclaimed, and a\nschedule for performing such reclamation.\n (c) A draft environmental impact statement prepared pursuant to\narticle eight of this chapter may be submitted in lieu of a mined\nland-use plan if the department determines that it conforms to the\nrequirements of this section and the rules and regulations promulgated\npursuant thereto.\n (d) The department may, after notice and an opportunity for a hearing,\nimpose a reclamation plan in the absence of an approved reclamation plan\nor upon a finding of noncompliance with or failure of an approved\nreclamation plan.\n 2. The reclamation of all affected land shall be completed in\naccordance with the schedule contained in the approved mined land-use\nplan pertaining thereto. The schedule, where possible, shall provide for\norderly, continuing reclamation concurrent with mining. The permittee\nshall submit to the department a notice of termination of mining within\nthirty days after such termination. Reclamation of the affected land\nshall be completed within a two year period after mining is terminated,\nas determined by the department, unless the department deems it in the\nbest interest of the people of the state to allow a longer period for\nreclamation. The permittee shall submit to the department a notice of\ncompletion of reclamation within thirty days of such completion. If the\ndepartment fails to approve or disapprove the adequacy of reclamation\nwithin ninety days after receipt of the notice of completion of\nreclamation, the permittee may notify the department of such failure by\nmeans of certified mail return receipt requested addressed to the\ncommissioner. If within thirty days after receipt of such notice, the\ndepartment fails to mail a decision, the permittee shall be relieved of\nthe obligation to maintain financial security in respect to reclamation;\nprovided, however, nothing herein shall relieve the permittee of the\nobligation to accomplish adequate reclamation. The permittee shall file\nperiodic reports at such times as the department shall require,\nindicating areas for which reclamation has been completed. The\ndepartment shall inspect such areas and notify the permittee whether the\nreclamation is in accordance with the approved plan or whether there are\ndeficiencies that must be corrected.\n