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<section article="gen" article_name="Environment" number="15-822" title_number="15" title_name="Mines and Mining" subtitle_number="8" subtitle_name="Surface Mining">
  <level label="a">
    <text>The applicant shall submit with his application for a surface mining permit a proposed mining and reclamation plan. The plan shall include at least the following:</text>
    <level label="1">
      <text>The purpose for which the land previously was used;</text>
    </level>
    <level label="2">
      <text>The use which is proposed to be made of the land following reclamation;</text>
    </level>
    <level label="3">
      <text>The manner in which the land is to be opened for mining and how the mining activity is to progress across the tract;</text>
    </level>
    <level label="4">
      <text>The location of affected areas;</text>
    </level>
    <level label="5">
      <text>The manner in which topsoil and subsoil are to be conserved and restored and, if conditions do not permit the conservation and restoration of all or part of the topsoil and subsoil, a full explanation of the conditions and alternate procedures proposed;</text>
    </level>
    <level label="6">
      <text>Where backfilling is required, or where the proposed subsequent land use requires fill, the manner in which the compaction of the fill will be accomplished;</text>
    </level>
    <level label="7">
      <text>The manner and type of landscaping and screening of the working areas which are exposed to public view during mining;</text>
    </level>
    <level label="8">
      <text>The proposed practices to protect adjacent surface resources;</text>
    </level>
    <level label="9">
      <text>The specifications for surface gradient restoration to a surface suitable for the proposed subsequent use of the land after reclamation is completed, and the proposed method of accomplishment;</text>
    </level>
    <level label="10">
      <text>The manner and type of revegetation or other surface treatment of the affected areas;</text>
    </level>
    <level label="11">
      <text>A time schedule that meets the requirements of this section; and</text>
    </level>
    <level label="12">
      <text>Maps and any other supporting documents required by the Department to illustrate the above points.</text>
    </level>
  </level>
  <level label="b">
    <text>The applicant shall furnish with the mining and reclamation plan, in a reasonable manner satisfactory to the Department, an accurately surveyed topographic map, in duplicate, on a scale of not smaller than one inch equals 200 feet and with a contour interval of spacing appropriate for the area, showing the location of the tract of land to be affected by mining, and representative cross-sections. The surveyed topographic map and cross-sections shall be prepared and certified by a registered professional engineer or registered surveyor and show the boundaries of the proposed affected land, together with the drainage area above and below the area, the location and names of all streams, roads, railroads, and utility lines on or immediately adjacent to the area, the outcrop line of any mineral deposit to be mined, the location of all buildings within 200 feet of the outer perimeter of the area affected, the names and addresses of the owners and present occupants, the purpose for which each building is used, the name of the owner of the tract where the proposed mining is to occur, and the names of the adjacent landowners, the municipality or district and county and nearest municipality. The topographic map also shall show the locations of test borings or sampling which the operator has conducted or will conduct at the site of the proposed operation. The cross-sections shall include the location of the test borings or sample sites, the nature and depth of the various strata, the thickness of any mineral seam or deposit, an analysis of any mineral deposit or ore, the thickness of the overburden, and an analysis of the overburden. Aerial photographs of the tract of land to be affected by the mining also shall be provided if they are required by the Department. The information resulting from the test borings is confidential information and not a matter of public record. The Department may waive any of the requirements of this subsection if the operator extracts less than 30,000 tons per year or 20,000 cubic yards per year of minerals and the affected area is less than five acres in size.</text>
  </level>
  <level label="c">
    <text>The plan shall include a summary statement covering:</text>
    <level label="1">
      <text>The method of compliance with State air and water pollution requirements;</text>
    </level>
    <level label="2">
      <text>The method of prevention, elimination, or minimization of conditions that would be hazardous to animal or fish life in or adjacent to the area;</text>
    </level>
    <level label="3">
      <text>The method of rehabilitation of settling ponds;</text>
    </level>
    <level label="4">
      <text>The method of control of contaminates and disposal of mining refuse; and</text>
    </level>
    <level label="5">
      <text>The method of restoring or establishing stream channels and stream banks to a condition minimizing erosion, siltation, and other pollution.</text>
    </level>
  </level>
  <level label="d">
    <text>The plan shall provide that reclamation activities, particularly those relating to control of erosion, shall be conducted to the extent feasible simultaneously with mining operations and be initiated at the earliest feasible time after completion or termination of mining on any segment of the permit area. The plan shall provide that reclamation activities be completed promptly and not later than two years after completion of mining on each segment of the area for which a permit is requested unless the Department specifically permits a longer period.</text>
  </level>
  <level label="e">
    <text>The Department may approve, approve subject to stated modifications, or reject the plan which is proposed. The Department shall approve a reclamation plan, as submitted or as modified, if it finds that the plan adequately provides for timely completion of those actions necessary to achieve the purposes and requirements of this subtitle and that, in addition, the plan meets the following minimum standards:</text>
    <level label="1">
      <text>The final slopes in all excavations in soil, sand, gravel, and other unconsolidated materials shall be at an angle to minimize the possibility of slides and be consistent with the future use of the land;</text>
    </level>
    <level label="2">
      <text>To the extent feasible, the plan shall in all instances reduce safety hazards and provide surface gradients that permit appropriate and reasonably productive use of the land at the completion of the mining;</text>
    </level>
    <level label="3">
      <text>Provisions for safety to persons and to adjoining property shall be provided in all excavations;</text>
    </level>
    <level label="4">
      <text>In open pit mining operations, all overburden and spoil shall be left in a configuration which is in accordance with accepted conservation practices and suitable for the proposed subsequent use of the land;</text>
    </level>
    <level label="5">
      <text>Suitable drainage ditches or conduits shall be constructed or installed or grading completed to avoid the collection or existence of small pools of water that are, or likely to become, noxious, odious, or foul on the mined area; and</text>
    </level>
    <level label="6">
      <text>The type of vegetative cover and methods of its establishment shall be specified and conform to accepted and recommended agronomic and reforestation practices established by the Department. Advice and technical assistance may be obtained through the State soil and water conservation districts.</text>
    </level>
  </level>
  <level label="f">
    <text>If conditions do not permit the planting of vegetation on all or part of the affected land, and if these conditions pose an actual or potential threat of soil erosion and siltation, alternative procedures shall be proposed to prevent the threat of soil erosion and siltation. If the procedures do not prevent these conditions, the Department may not approve them.</text>
  </level>
  <level label="g">
    <text>Lakes, ponds, and marsh land shall be considered adequately reclaimed land when approved by the Department.</text>
  </level>
</section>
