R 425.204 Reclamation Plan.

Rule 204. The mining, reclamation, and environmental protection plan required under R 425.201(1)(d) shall contain a plan for the proposed final reclamation operations, including the anticipated schedule, sequence, and duration of reclamation. The plan shall include information that demonstrates that all methods, materials, and techniques proposed to be used are capable of accomplishing their stated objectives in protecting the environment and public health, except that such information may not be required for methods, materials, and techniques that are widely used in mining or other industries and are generally accepted as effective. The required information may consist of results of actual testing, modeling, documentation by credible independent testing and certification organizations, or documented applications in similar uses and settings. The plan shall include, at a minimum, all of the following: (a) Information depicting and describing the items listed in paragraphs (i) to (iv) of this subdivision. Information that is amenable to clear depiction on a map shall be shown on a map or maps of the mining area drawn to an appropriate scale on a topographic base and referenced to the nearest government-surveyed section or quarter-section lines. Other required information shall be presented, as appropriate, by cross-sections, documents, and engineering drawings. (i) Final land contours. (ii) Proposed final land use and relationship to surrounding land and land use. (iii) Ponds, streams, wetlands, roads, dikes, drainage ditches, and soil erosion and sedimentation control structures that will remain after completion of reclamation. (iv) Plans and schedules for stabilizing waste rock piles, settling ponds, tailings disposal facilities, overburden banks, open pit banks and walls, roads, and the plant site. The plans shall include sloping, grading, terracing, and revegetating that will prevent slumping, land or rock slides, or other slope failure and will effectively reduce accelerated soil erosion and sedimentation. The plans shall include the following: (A) Provisions for sloping or terracing of the banks or bottoms of open pit surfaces that will be under water after cessation of mining, or other measures to prevent a hazard to public safety. (B) Provisions for replacing topsoil from surface areas disturbed by the mining operation as appropriate for the approved final land use. (C) Vegetation species and quantities, seedbed and planting area preparation, seeding and planting methods, mulching, fertilization, maintenance, and final density of plants. (b) Evidence satisfactory to the department that the proposed reclamation will conform to the following minimum performance standards: (i) Final disposition of all toxic and hazardous wastes, refuse, tailings and other solid waste shall be managed in a manner that protects the environment, natural resources and public health and safety, and in conformance with all other applicable federal and state laws and regulations. (ii) All shafts, portals, or other openings between the land surface and underground mine workings shall be sealed in a manner that will protect the environment, natural resources, and public health and safety and in accordance with all other applicable laws and regulations. (iii) All surface structures, infrastructure, rock stockpiles, and tailings disposal areas constructed as a part of the mining activities shall be removed, unless they are converted to an alternate use in accordance with the proposed final land use. (iv) All disturbed surface areas shall be stabilized to prevent accelerated erosion by wind or water. (v) All disturbed surface areas shall be revegetated with a variety of plants that are native to the area, except that non-native plants may be used for revegetation in areas where appropriate for an approved final land use that is different from the premining land use. In addition, plant species not native to the area may be used as approved by the department when necessary to provide temporary stabilization of slopes and prevention of erosion. (vi) Both the mining area and the affected area shall be reclaimed to achieve a self- sustaining ecosystem appropriate for the region that does not require perpetual care following closure and with the goal that the affected area shall be returned to the ecological conditions that approximate premining conditions subject to changes caused by nonmining activities or other natural events. Any portion of the mining area owned by the applicant may be used for any legal purpose. (c) Plans for monitoring of ground and surface water quality during the postclosure monitoring period. (d) The name and qualifications of the person or persons who prepared the plan for the proposed final reclamation operations.