Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-3 - ENVIRONMENTAL PROTECTION
Subject 391-3-3 - SURFACE MINING
Rule 391-3-3-.09 - Protection of the Environment and Contiguous Natural and Other Resources

Whenever a mining site lies contiguous to any waters of the State or whenever, in the judgement of the Division, proposed mining at such site will adversely affect any portion of the watershed of the State, an operator will be required to follow sound engineering and conservation measures to provide protective barriers, such as dams, berms, silt ponds, or other similar structures, between the lands to be affected and waters or watersheds involved. All structures are to be approved by the Division as a part of the operator's Mining Land Use Plan and are to be substantial for the protection of contiguous natural resources of the State. All structures referred to above are to be constructed a reasonable distance from waters of the State, or that portion of a watershed of the State adversely affected, as determined by the Division. Before natural creeks, streams, rivers, lakes, or other bodies of water may be altered in course or relocated, the plan for such alteration or relocation must be approved by the Division as part of the operator's approved Mining Land Use Plan. Where a mining site is to be located on lands or adjacent to lands containing natural or other resources which may be adversely affected by the mining operation, the mining operator shall include as an attachment to the Mining Land Use Plan, a plan to alleviate and/or mitigate adverse effects of such impacts.

Ga. L. 1968, p. 9, et. seq., as amended; Ga. L. 1992, p. 1098, et seq., as amended.