R 425.6 Notice of abandonment; evidence of continuing use.

Rule 6. (1) An operator shall submit written notice to the supervisor within 6 months of the abandonment of the mining area or any portion thereof. (2) When activities on or use of the mining area, or any portion thereof, have ceased for more than 1 year, or when, by examination of the premises or other means, the supervisor determines that the mining area or any portion thereof has in fact been abandoned by an operator, the supervisor shall give the operator written notice of his intention to declare the mining area or portion thereof abandoned. Determinations by the supervisor shall be made on sound mining practices. (3) Within 30 days following receipt of the notice, the operator shall have an opportunity to submit evidence that the use of the mining area or portion thereof is continuing. If the supervisor finds the evidence satisfactory, he shall not make the declaration.