TITLE 62: MINING
CHAPTER I: DEPARTMENT OF NATURAL RESOURCES
PART 300 SURFACE MINED LAND CONSERVATION AND RECLAMATION ACT
SECTION 300.100 RECLAMATION PLANNING


 

Section 300.100  Reclamation Planning

 

a)         Statement

 

1)         It shall be the responsibility of the Department to encourage operators to consider the advantages of:

 

A)        long range reclamation planning, and

 

B)        multiple land use planning.

 

2)         Long range reclamation planning means determining several years in advance of mining a tract of land how and for what purpose the acreage to be affected by such mining will be reclaimed after mining operations are completed on that tract of land.  Multiple land use means reclaiming a tract of land for several different but compatible purposes.  For example, a tract of land may be reclaimed on various different portions of the acreage to be affected for the following purposes:

 

A)        use as a pasture for farm animals;

 

B)        use as a recreational area for fishing and picnicking; and

 

C)        use as a means of providing food and ground cover for wildlife through the use of trees and shrubs.

 

3)         The Department shall encourage operators to consult with local and regional planning organizations, as well as local units of government, for advice and assistance in reclamation planning.  The Department shall cooperate fully with operators who demonstrate a desire to develop a comprehensive reclamation program for future mined acreage.  A long range reclamation program cannot be approved by the Department except insofar as such program is a part of an application for a surface mining permit, but the Department shall offer opinions as to the feasibility of comprehensive reclamation programs as developed for a specific tract of land upon the request of an operator.

 

b)         Determining Uses For Which to Reclaim Land

            On all lands to be affected the operator, in consultation with competent authorities, shall determine which parts of the affected land shall be reclaimed for forest, pasture, crop, horticultural, homesite, recreational, industrial, or other uses including, but not limited to, food, shelter, and ground cover for wildlife.  Site conditions and soil capabilities shall be the determining factors when selecting the type of reclamation for a particular area.  It is recommended that a trained technician capable of conducting soil sample analysis be consulted.