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Session Laws, 1967
Volume 681, Page 209   View pdf image (33K)
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SPIRO T. AGNEW, Governor                         209

(c) If within two years after the completion of the strip mining
operation deep mining has not been initiated at the proposed loca-
tions, reclamation shall be completed in accordance with this sub-
heading.

667.    Planting Required.

Within one year after the operation has been backfilled in com-
pliance with the proposal earlier submitted, the operator shall plant
trees, shrubs, or grasses of a variety approved by the State Forester
upon the land affected by open pit mining, but the operator may be
relieved from the obligation to plant trees, shrubs, or grasses re-
quired by this section if the State Forester finds that the planting
is not reasonable, practicable, or likely to succeed, or if the State
Forester upon application by the landowner approves the use of the
land for a purpose other than the growing of trees, shrubs, or grasses,
of
OR if the operator, in lieu of planting trees, shrubs, or grasses, pays
to the Director of Bureau of Mines fifty dollars ($50.00) per acre
of land affected by open pit mining. Funds received by the Director
in lieu of the planting shall be paid by him into the Bituminous
Coal Open Pit Mining Reclamation Fund and used by him as herein-
after prescribed for the use of funds derived from the forfeiture of
bonds. When deemed necessary, the Director may extend the period
of time provided in this subheading. The planting shall be done in
accordance with a plan or procedure prescribed by the State For-
ester. The trees, shrubs, or grasses shall become the property of the
landowner, unless the operator and the landowner agree otherwise.
The operator shall plant only seeds, plants, or seedlings secured from
a source approved by the State Forester.

668.    Planting Report.

Within one week after planting is completed the operator shall
file a planting report with the Director of Bureau of Mines, on a
form to be prescribed and furnished by the Director giving the
following information: (1) identification of the operation; (2) the
type of planting; (3) the date of planting; (4) the area of land
planted; and (5) such other relevant information as the Director
may require. The Director of the Bureau of Mines shall submit this
report to the State Forester, who shall inspect the premises, either
in person or by his duly authorized representative, within one month
after the planting report is filed. If the State Forester finds that
the planting has been done in a workmanlike manner and that
the area reported has been planted in accordance with the pre-
scribed plan or procedure, or if the operator has been relieved from
the obligation to plant trees, shrubs, or grasses as hereinabove pro-
vided, he shall so notify the Director of Bureau of Mines, who shall
release the bond and collateral in proportion to the area planted
or relieved from planting. Upon such release the State Treasurer
shall immediately return to the operator the amount of cash or
securities specified therein.

669.    Disapproval of Planting.

If, upon inspection, the State Forester does not approve the plant-
ing he shall notify the Bureau and the operator in writing, setting
forth the reasons therefor. The operator shall then take such steps
as are required to remove the objections.


 

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Session Laws, 1967
Volume 681, Page 209   View pdf image (33K)
 Jump to  
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