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Session Laws, 1993
Volume 772, Page 2659   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 528

(10)   The manner and type of revegetation or other surface treatment of the
affected areas;

(11)   A time schedule that meets the requirements of this section; and

(12)   Maps and any other supporting documents required by the Department
to illustrate the above points.

(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)      TO THE EXTENT FEASIBLE, THE PLAN SHALL IN ALL INSTANCES
REDUCE SAFETY HAZARDS AND PROVIDE SURFACE GRADIENTS THAT PERMIT
APPROPRIATE AND REASONABLY PRODUCTIVE USE OF THE LAND AT THE
COMPLETION OF THE MINING;

[(2)] (3) Provisions for safety to persons and to adjoining property shall be
provided in all excavations;

[(3)] (4) In open pit mining operations, all overburden and spoil shall be
left in a configuration which is in accordance with accepted conservation practices and
suitable for the proposed subsequent use of the land;

[(4)] (5) Suitable drainage ditches or conduits shall be constructed or
installed or grading completed to avoid the collection or existence of small pools of water
that are, or likely to become, noxious, odious, or foul on the mined area; and

[(5)] (6) The type of vegetative cover and methods of its establishment shall
be specified and conform to accepted and recommended agronomic and reforestation
practices established by the Department. Advice and technical assistance may be
obtained through the State soil and water conservation districts.

7-6A-20.

(a)     After receiving notification from the Department that the application for a
permit has been approved, but prior to commencing mining, the applicant shall file with
the Department a bond for each mining operation, on a form to be prescribed and
furnished by the Department, payable to the State and conditioned that the operator will
perform faithfully all the requirements of this subtitle.

(b)     The amount of the bond required shall be for a maximum of $1,250 per acre
based on the number of acres of affected land covered by the permit. But, a bond may not
be filed for less than [$7,500] $8,000. However, the Department shall determine whether
the total bond fee is unreasonable and excessive for a particular tract of land and whether
a lesser total amount for the bond is sufficient to cover reclamation. In making this

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Session Laws, 1993
Volume 772, Page 2659   View pdf image
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