27-1222. Surface disturbances created by
existing exploration operation or aggregate mining unit;
extension; continuing operations
A. An owner or operator of an existing exploration operation or existing aggregate
mining unit with surface disturbances of more than five contiguous acres shall submit a
reclamation plan to the state mine inspector on or before January 1, 2007.
B. An owner or operator may petition the inspector for an extension of time to
submit a reclamation plan. The inspector shall grant the extension on a showing of good
cause, including the need to coordinate the preparation and submission of a reclamation
plan with other permits and approvals required for the exploration operation or aggregate
mining unit.
C. The owner or operator of an existing exploration operation or existing aggregate
mining unit may continue operations, including creating surface disturbances, until the
inspector takes final action on the reclamation plan and financial assurance mechanism.
D. The reclamation of surface disturbances created in whole or in part before the
effective date of this chapter and the initial rules adopted pursuant to this chapter may
present special technical and economic constraints that are not encountered for new
surface disturbances. The inspector shall consider the nature and extent of the existing
surface disturbances, relevant site-specific circumstances and the technical and economic
practicability of reclaiming such surface disturbances. The inspector shall not require
the removal or relocation of existing aggregate mining units to satisfy the reclamation
requirements of this chapter.
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