MARVIN MANDEL, Governor

2795

(1)   THE METHOD OF COMPLIANCE WITH STATE AIR
AND WATER POLLUTION REQUIREMENTS;

(2)   THE METHOD OF PREVENTION, ELIMINATION, OR
MINIMIZATION OF CONDITIONS THAT WOULD BE HAZARDOUS TO
ANIMAL OR FISH LIFE IN OR ADJACENT TO THE AREA;

(3)   THE METHOD OF REHABILITATION OF SETTLING
PONDS;

(4)   THE METHOD OF CONTROL OF CONTAMINATES AND
DISPOSAL OF MINING REFUSE; AND

(5)    THE METHOD OF RESTORING OR ESTABLISHING
STREAM CHANNELS AND STREAM BANKS TO A CONDITION
MINIMIZING EROSION, SILTATION, AND OTHER POLLUTION. ALL
PERMITS REQUIRED BY ALL STATE AND LOCAL REGULATORY
AGENCIES WITH REGARD TO AIR AND WATER POLLUTION AND
SEDIMENT CONTROL SHALL BE A PREREQUISITE TO ISSUANCE OF
THE PERMIT.

(D)     THE PLAN SHALL PROVIDE THAT RECLAMATION
ACTIVITIES, PARTICULARLY THOSE RELATING TO CONTROL OF
EROSION, SHALL BE CONDUCTED TO THE EXTENT FEASIBLE
SIMULTANEOUSLY WITH MINING OPERATIONS AND BE INITIATED AT
THE EARLIEST FEASIBLE TIME AFTER COMPLETION OR
TERMINATION OF MINING ON ANY SEGMENT OF THE PERMIT AREA.
THE PLAN SHALL PROVIDE THAT RECLAMATION ACTIVITIES BE
COMPLETED PROMPTLY AND NOT LATER THAN TWO YEARS AFTER
COMPLETION OF MINING ON EACH SEGMENT OF THE AREA FOR
WHICH A PERMIT IS REQUESTED UNLESS THE DEPARTMENT
SPECIFICALLY PERMITS A LONGER PERIOD.

(E)   THE DEPARTMENT MAY APPROVE, APPROVE SUBJECT TO
STATED MODIFICATIONS, OR REJECT THE PLAN WHICH IS
PROPOSED. THE DEPARTMENT SHALL APPROVE A RECLAMATION
PLAN, AS SUBMITTED OR AS MODIFIED, IF IT FINDS THAT THE
PLAN ADEQUATELY PROVIDES FOR TIMELY COMPLETION OF THOSE
ACTIONS NECESSARY TO ACHIEVE THE PURPOSES AND
REQUIREMENTS OF THIS SUBTITLE AND THAT, IN ADDITION, THE
PLAN MEETS THE FOLLOWING MINIMUM STANDARDS:

(1)    THE FINAL SLOPES IN ALL EXCAVATIONS IN
SOIL, SAND, GRAVEL, AND OTHER UNCONSOLIDATED MATERIALS
SHALL BE AT AN ANGLE TO MINIMIZE THE POSSIBILITY OF
SLIDES AND BE CONSISTENT WITH THE FUTURE USE OF THE LAND;

(2)   PROVISIONS FOR SAFETY TO PERSONS AND TO
ADJOINING PROPERTY SHALL BE PROVIDED IN ALL EXCAVATIONS
IN ROCK;

(3)    IN OPEN PIT MINING OPERATIONS, ALL
OVERBURDEN AND SPOIL SHALL BE LEFT IN A CONFIGURATION
WHICH IS IN ACCORDANCE WITH ACCEPTED CONSERVATION