Current through August 31, 2023
01.
Approval Required. Approval of a reclamation plan by the Department is required even if approval of such plan has been or will be obtained from a federal agency. (3-18-22)
02.
No Operator Shall Conduct Mining Operations. No operator shall conduct mining operations on any lands in the state until the reclamation plan has been approved by the director, and the operator has filed financial assurance that meets the requirements of the chapter and these rules. (3-18-22)
03.
Application Package. The operator must submit a complete application package, for each separate mine or mine panel, before the reclamation plan will be approved. Separate mines are individual, physically disconnected operations. A complete application package consists of: (3-18-22)
a. An application provided by the director; (3-18-22)
b. A map or maps of the proposed mining operation which includes the information required under Subsection 069.04; (3-18-22)
c. A reclamation plan, in map and narrative form, which includes the information required under Subsection 069.05; and (3-18-22)
d. An out-of-state operator shall designate an in-state agent authorized to act on behalf of the operator. In case of an emergency that requires an action or actions to prevent environmental damage, both the operator and the authorized agent will be notified. (3-18-22)
e. The correct fee listed in Section 068 of these rules. (3-18-22)
04.
Map Requirements. A vicinity map must be prepared on standard United States Geological Survey ("USGS") seven and one-half (7.5) minute quadrangle maps or equivalent. A map of the proposed mining operation site must be of sufficient scale to show: (3-18-22)
a. The location of existing roads, access, and main haul roads to be constructed or reconstructed in conjunction with the mining operation and the approximate dates for construction, reconstruction, and abandonment; (3-18-22)
b. The approximate location and names, if known, of drainages, streams, creeks, or water bodies within one thousand (1,000) feet of the mining operation; (3-18-22)
c. The approximate boundaries of the lands to be utilized in the mining operations, including a legal description to the quarter-quarter section; (3-18-22)
d. The approximate boundaries and acreage of the lands that will become affected land as a result of the mining operation during the first year of operations; (3-18-22)
e. The currently planned storage locations of fuel, equipment maintenance products, wastes, and chemicals that will be utilized in the mining operation; (3-18-22)
f. The currently planned location and configuration of pits, overburden piles, crusher reject materials, mineral stockpiles, topsoil storage, wash plant ponds and sediment ponds that will be utilized; (3-18-22)
g. Scaled cross-sections by length and height showing surface profiles prior to mining; and (3-18-22)
h. A surface and mineral control or ownership map of appropriate scale for boundary identification; (3-18-22)
05.
Reclamation Plan Requirements. Reclamation plans must be submitted in map and narrative form and include the following: (3-18-22)
a. Where waters of the state are likely to be impacted or when requested by the director, documents identifying and assessing foreseeable, site-specific sources of water quality impacts from mining operations and proposed management activities, such as BMPs or other measures and practices, to comply with water quality requirements; (3-18-22)
b. Scaled cross-sections by length and height, showing planned surface profiles and slopes after reclamation; (3-18-22)
c. Roads to be reclaimed; (3-18-22)
d. A plan for revegetation of affected lands including soil types, slopes, precipitation, seed rates, species, handling of topsoil or other growth medium, time of planting, method of planting and, if necessary, fertilizer and mulching rates; (3-18-22)
e. The planned reclamation of wash plant or sediment ponds; (3-18-22)
f. A drainage control map which identifies the location of BMPs that will be implemented to control erosion and water quality impacts during mining and reclamation activities; (3-18-22)
g. The location of any current 100-year floodplain in relation to the mining facilities if the floodplain is within one hundred (100) feet of the facilities, and the BMPs to be implemented that will keep surface waters from entering any pits and potentially changing course. (3-18-22)
h. For operations over five (5) acres, an estimate of total reclamation cost to be used in establishing a financial assurance amount. The cost estimate will include, but is not limited to, the approximate cost of grading, revegetation, equipment mobilization, labor, and other pertinent direct and indirect costs of a third-party to complete reclamation. (3-18-22)
i. If construction, mining, or reclamation will be completed in phases, a description of the tasks to be completed in each phase, an estimated schedule, and proposed adjustments of financial assurance related to each phase. (3-18-22)
