27-974. Preservation and conservation of soil;
exceptions
Before creating a surface disturbance that is stated to be reclaimed by revegetation
pursuant to a new mining unit reclamation plan, the owner or operator shall conserve the
soil as reasonably available from the area of disturbance to support the stated
revegetation on that specific disturbance as necessary to achieve the post-mining land
use objectives stated in the reclamation plan unless the owner or operator demonstrates
one or more of the following factors:
1. There is insufficient soil to make recovery practicable.
2. Recovery of the soil is not practicable due to limitations of topography,
thickness of soil or other physical, climactic or biological constraints.
3. Direct revegetation of the disturbance, with or without soil amendments, is
reasonably expected to be successful.
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