§181-6  Reclamation.  (a)  Prior to thecommencement of any strip mining the operator shall submit to the board of landand natural resources a plan, which must be approved in writing, or approved asamended, which plan shall include, inter alia, a contour basis for the miningoperations, the depth to which and the direction in which the operations areproposed to be conducted, the proposed disposition of boulders and tailings,and provisions for the stripping, storage, and, if required, the replacement ofthe topsoil.  The operator shall have the right of appeal as provided bysection 181-8 for any decision, order, or action of the board in respect ofsuch plan.

(b)  As soon as practicable following thecompletion or abandonment of strip mining of any pit or of such portion thereofas may be specified in the plan, the operator shall submit to the board aproposal for the reclamation thereof.  A pit shall be deemed abandoned ifmining operations with respect thereto shall not have been resumed on a substantialscale following six months cessation of operations.  The proposal shall requirethe operator to:

(1)  Strike off peaks and ridges and fill in deepdepressions created or left by the mining operations and grade the surface ofthe pit to contour which will minimize erosion and be suitable for planting asprovided in this section.

(2)  Dispose of all debris, rubble, and tailings insuch manner as to enhance the contour of the pit or to provide erosion anddrainage control in adjacent areas.

(3)  Provide such drains, ditches, and outlets as maybe necessary to prevent the accumulation of water in the pit and to removewater from the pit in such a way as to minimize erosion of the pit and thesurrounding land.

(4)  Utilize the overburden removed from the surfaceof the pit in such manner as best to recondition or reclaim the mined area, orthe area where the tailings have been disposed, if in an area other than thepit.

(5)  Provide a reasonable means of access to the pit.

(6)  Revegetate or rehabilitate the pit, which shallinclude, inter alia, provisions for:

(A)  Replacing the topsoil, if required;

(B)  Liming, if mining produces deleteriouschanges in soil acidity from the original soil condition of the area, or ifneeded for the establishment of satisfactory fertility under subparagraph (C)hereafter;

(C)  Applying fertilizer to reestablishsatisfactory fertility and crop production in soils of areas cultivated toagricultural crops prior to the inception of mining, and, in areas used forgrazing or forest prior to the inception of mining, fertilizer to provide agrass forage cover suitable for an annual carrying capacity of not less thanone head of cattle for each three acres;

(D)  Planting in all instances a cover crop ofgood pasture grass to stabilize the exposed surface and to minimize erosion,unless immediate crop production shall be affected, or unless relievedtherefrom by the board in writing.  In pits intended for restoration to forest,rehabilitation shall include a quick cover crop followed by forest plantings,respecting which the board shall advise on types, availability, and spacing ofspecies to be planted;

(E)  Achieving, where possible, as a minimumgoal of restoration, comparable fertility and use of land to that existingprior to strip mining.

If in the judgment of the board the aforesaidproposal is reasonable and meets the requirements of this section, the boardshall approve the proposal; if not, it shall notify the operator of the reasonsfor its disapproval in writing.  The operator shall thereupon submit an amendedproposal.  If the board disapproves of the amended proposal, the operator mayappeal the action to the circuit court in accordance with section 181-8;otherwise, the operator shall submit another amended proposal until approval isobtained.  Upon approval being obtained, or the issuance of an order in theevent of an appeal, the operator shall commence work under the reclamationproposal and shall prosecute the work required thereunder with reasonablediligence and effect reclamation within a period of two years next followingthe approval or issuance of the order, unless the time is extended by theboard.  The operator shall notify the board upon completion of reclamation,whereupon an inspection shall be made of the pit by the board and adetermination made of the satisfactory performance by the operator of theproposal.  In the event that the proposal and this chapter has been compliedwith, the board shall take such action as is required under sections 181-5 and181-7.  In the event that the performance shall not be satisfactory, the boardshall serve upon the operator written directions for additional performance,and unless an appeal is taken therefrom under section 181-8, the operator shallforthwith comply with the directions.

(c)  At the completion of each year, and at thetime the operator makes application to the board for a renewal of theoperator's permit under section 181-4, the operator shall submit in duplicateto the board a map in a form approved by the board, setting forth suchdescription as will identify the land from which the operator removed anymineral by strip mining during the preceding permit year, with a legend uponthe map showing the number of acres affected and the extent that the topographyhas been disturbed by the mining.  The accuracy of the map may be checked bythe board and if found to be erroneous, it shall be corrected by the operatorprior to the issuance of a renewal permit. [L 1957, c 161, §7; am L 1959, c 20,§6; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-7; HRS §181-6;gen ch 1985]