R 425.404 Commencement of reclamation.

Rule 404. (1) If a permittee has ceased all mining and beneficiation for a continuous period exceeding 90 days, the permittee shall notify the department and shall take actions to maintain, monitor, and secure the mining area and shall conduct any interim sloping or stabilizing of surfaces necessary to protect the environment, natural resources, or public health and safety in accordance with the mining permit. (2) A permittee shall begin final reclamation of a mining area within 3 years of the date of cessation of mining and beneficiation unless the department has granted an extension of time to begin final reclamation. (3) A permittee shall complete reclamation of a mining area within the time in the approved mining, reclamation, and environmental protection plan unless the department has granted an extension of time under subrule (4) of this rule to complete final reclamation. (4) A permittee may submit a written request to the department for an extension of time to begin or complete final reclamation. The department shall grant the request if the permittee shows good cause for the extension and the department determines the extension will not cause a threat of damage to the environment, natural resources, or public health and safety. If the reason for the request for extension is economics of the mining operation, then the permittee shall provide justification in the form of projections of metal prices, pending technological improvements, or other reasons demonstrating a likelihood that the mine may become economic at a future time. The term of an extension shall not be more than 12 months. The department may grant additional extensions subject to the provisions of this rule. When approving extensions, the department may require the permittee to conduct interim reclamation activities and monitoring that the department finds necessary to implement the purposes of the act. (5) A permittee shall, to the extent feasible, conduct reclamation activities concurrently with the mining operation, and in any event shall initiate reclamation activities at the earliest possible time after cessation of mining activities in any portion of the mining area.