Current through Reg. 50, No. 187; September 24, 2024
(1) All authorized representatives of the
Department, on presentation of appropriate credentials to the operator, or its
authorized representative, shall have the right of entry to, on, or through all
lands subject to this chapter.
(2)
Inspections shall occur on an irregular basis at a frequency necessary to
insure compliance with the provisions of these rules. The Department shall make
at least quarterly inspections of all reclamation parcels where a disturbance
has commenced and shall make a final inspection for purposes of certifying
completion of reclamation and restoration.
(3) Inspections shall occur only during
normal office hours, if practical. Inspectors shall give the operator notice of
the proposed inspection and shall allow the operator the opportunity to provide
appropriate personnel to accompany the inspector while on the operator's
premises.
(4) The Department shall
make an initial inspection of each conceptual plan area.
(5) The Department shall inspect each
approved conceptual plan area at least once every year to verify the status of
lands within the mine.
(6)
Inspections may consist of:
(a) On-the-ground
inspections of the affected land.
(b) Taking photographs for official use by
the Department.
(c) Taking and
removing samples of soil, vegetation, water, waste products, or material
mined.
(d) Inspection of
environmental monitoring installations and data relating to the reclamation and
restoration.
(e) Review of maps and
monitoring data.
(7) A
copy of the Field Inspection Report will be provided to the operator.
(8) Inspection of premining conditions and
Notice of Disturbance.
(a) The operator shall
provide a Notice of Disturbance to the Department at least 30 days, but no more
than one year, prior to initiating a disturbance in each reclamation parcel. If
notice was given and the disturbance was postponed for more than one year after
notification, the operator shall submit an updated notice at least 30 days
prior to initiating a disturbance.
(b) The Notice of Disturbance shall identify:
1. The area to be disturbed by section,
township, and range.
2. The type of
disturbance, including identification of the type of mining
operation.
3. The approximate time
schedule (month/year) for each type of mining operation, and reclamation
activity.
4. The number of acres
subject to each type of mining operation, and reclamation activity.
5. Environmental Resource Permit (ERP) or
Wetland Resource Permit (WRP) obtained or sought.
6. Post-reclamation land
use.
(c) The Department
shall make an inspection of each reclamation parcel prior to
disturbance.
(9)
Reclamation parcel boundaries shall be marked as follows:
(a) As soon as practical after reclamation
and restoration activities have begun, the operator shall clearly mark and
maintain the boundaries of a reclamation parcel area so that they are clearly
identifiable until the release of the reclamation parcel. This shall not be
construed to require a survey of the reclamation parcel boundary by a
registered land surveyor.
(b) No
markers shall be required where natural or man-made features, such as roads,
railroads, dams, fences, streams, or distinct vegetation clearly delineate the
boundary.
(c) Where markers are
required, they shall be placed at each corner or inflection in the boundary and
at least two markers, the last marker and the next marker, shall be visible
from any given marker.
(d) Required
markers shall be maintained on each reclamation parcel area through
release.
Rulemaking Authority
378.205 FS. Law Implemented
211.32,
378.205,
378.209
FS.
New 10-6-80, Formerly 16C-16.067, Amended 2-22-87, Formerly
16C-16.0067, Amended 5-28-06.
