HARRY HUGHES, Governor

1131

DEPRESSIONS ELIMINATED, UNLESS DEPRESSIONS ARE APPROVED BY
THE DEPARTMENT TO PREVENT EROSION AND RETAIN MOISTURE TO
ASSIST REVEGETATION.

[(1) If a spoil bank is created, grade the
surface of the spoil bank to reduce the depressions between
the peaks of the spoil to a surface which restores the
terrain as close to normal as is satisfactory to the
Director. The grading shall be done in a way to minimize
erosion due to rainfall and also eliminate steep grades
between peaks and make the surface more suitable for tree
growing, logging operations, cattle grazing, or any other
suitable use. The grading shall be done in a manner to
minimize, as far as feasible, the presence of any large rock
or material toxic to plant life on the surface of the graded
area; and

(2) If the overburden deposit is composed of
material suitable for the support of tree growth, the growth
of grass or other reclamation vegetation, or if this
material can be expected to become suitable by any natural
leaching and weathering process, the overburden material
shall be graded to cover the final pit. The operator shall
take steps to assure that overburden material for grading
required by paragraphs (1) and (2) is not lost or made
unavailable.

(c) If the outside spoil deposit is made on a steep
hillside, any rock that has rolled down into a cleared
valley shall be removed and placed in a suitable location.]

[(d)] (C) The operator shall seal off with a [fill]
MATERIAL APPROVED BY THE DEPARTMENT each opening from an
underground mining operation at the base of the final cut.
[It] THE SEAL shall be [done] CONSTRUCTED in a way to avoid
creating danger from impoundment of any large quantity of
water.

[(e)] (D) If the operator proposes to impound water to
provide a lake or pond for wildlife, recreational, or other
water supply purposes, he shall file a formal request with
the Department and receive approval before the pond or lake
is created.

[(f)] (E) An operator, with the written approval of
the landowner, [except where a lease in existence on June 1,
1967, did not provide or permit,] may propose an alternative
plan for reclamation if the land can be used for suitable
purposes. The alternate plan shall be submitted to the
[Director of the Bureau] DEPARTMENT as part of the mining
and reclamation plan.

[(g)] (F) Unless the operator obtains the prior
written approval of the [Bureau] DEPARTMENT, all
backfilling described in the approved reclamation plan shall
be completed before backfilling equipment is moved from the
operation.