27-1227. Substantial changes to approved
reclamation plan
A. The state mine inspector must approve any substantial change to an approved
reclamation plan as provided by this section before the change is implemented.
B. The owner or operator of the exploration operation or aggregate mining unit
shall submit a notice of a proposed change to the inspector describing the purpose and
scope of the proposed change and whether it constitutes a substantial change to the
approved reclamation plan. The inspector shall notify the owner or operator submitting a
notice of a proposed change to an approved reclamation plan whether the proposed change
constitutes a substantial change within fifteen days after receiving the notice.
C. If the inspector determines that the change is substantial, the inspector shall
require the owner or operator to submit an amendment to the plan for approval. The
inspector shall approve or disapprove the amended plan within ninety days after receiving
the amended plan.
D. The inspector shall define substantial change by rule.
E. Before implementing a substantial change in an approved reclamation plan, the
owner or operator shall submit to the inspector a revised financial assurance mechanism
to account for the substantial change.
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