27-975. Features excluded from reclamation plan
or allowed to remain following reclamation; public protection
measures


A. A reclamation plan may exclude any provision for reclaiming open pits, rock
faces or subsidence areas through backfilling or returning material to the open pit, rock
face or subsidence area from which it was extracted if it is impracticable and if public
access to the open pit, rock face or subsidence area, including any surrounding unstable
areas or walls, is restricted by fencing or other institutional controls.


B. The following factors shall be considered in determining whether the reclamation
of open pits, rock faces or subsidence areas is impracticable:


1. Cost to perform the reclamation.


2. Topography of the site.


3. Geology and stability of the site.


4. Time required to perform the reclamation.


5. Consumption of resources required to perform the reclamation.


6. Future access to mineral resources.


C. Buildings and other structures may remain after reclamation if adequate measures
are taken to protect public safety.