444.610. Reclamation and care requirements.
Reclamation and care requirements.
444.610. 1. Every operator to whom a permit is issuedpursuant to the provisions of sections 444.500 to 444.755 mayengage in strip mining upon the lands described in the permitupon the performance of and subject to the followingrequirements with respect to such lands:
(1) All ridges and peaks of overburden created by stripmining, except areas where lakes may be formed under subdivision(5) of subsection 1 of this section, or where washing, cleaningor retaining ponds and reservoirs may be formed undersubdivision (2) of subsection 1 of this section, shall be gradedto a rolling topography traversable by farm machinery, but suchslopes need not be reduced to less than the original grade ofthat area prior to mining, and the slope of the ridge ofoverburden resulting from a box cut need not be reduced to lessthan twenty-five degrees from horizontal whenever the samecannot be practically incorporated into the land reclaimed forwildlife purposes under subdivision (2) of subsection 1 of thissection. In strip mining all debris, trees, wood, logs, stones,rocks, coal, particles of coal, sandstone, or any other materialor substance removed from the surface prior to mining or fromthe pit area during mining shall be finally disposed of to thesatisfaction of the commission before the bond or any portionthereof be released.
(2) In strip mining coal, the operator may set asidereasonable areas for the construction of ponds and reservoirs tobe used during the mining operation for washing, cleaning,milling or otherwise preparing the product which need not begraded to a rolling topography. Such areas shall be constructedso that the dams, dikes and retaining structures shall be securefrom washouts, erosion and structural failures and shall preventthe siltation of lands and waters below them, the pollution ofthe air by solid wastes, or the creation of a health orsanitation hazard or nuisance. Other than planned waterimpoundments, there shall be no depressions to accumulate waterbut lateral drainage ditches connecting to natural orconstructed waterways shall be constructed whenever directed bythe commission. As a means of controlling damaging runoff, thecommission may require the operator to construct terraces or usesuch other measures and techniques as are necessary to controlsoil erosion and siltation on reclaimed land.
(3) Up to and including twenty-five percent of the totalacreage to be reclaimed each year need not be graded to arolling topography except that all peaks and ridges shall beleveled off to a minimum width of thirty feet, if the land isreclaimed for wildlife purposes as required by the commission.
(4) The commission shall not approve the application for apermit to conduct strip mining where such mining would endangera residence, public building, school, church, cemetery,commercial or residential building, stream, lake, public road orother property. In the case of strip mining operations whichremove and do not replace lateral support, unless mutuallyagreed upon by the operator and the adjacent property owner, thetop of the consolidated material of the last open cut adjacentto the property line of other property not owned or leased bythe operator shall, at the time mining is completed, not becloser to such other property line than a distance oftwenty-five feet plus one and one-half times the depth of suchcut as measured from original ground surface to the top ofconsolidated material. "Consolidated material" consists ofmaterials of sufficient hardness or ability to resist weatheringand to inhibit erosion or sloughing.
(5) The operator may construct earth dams to form lakes inpits resulting from the final cut in a mining area; except that,the formation of the lakes shall not interfere with undergroundor other mining operations or damage adjoining property andshall comply with the requirements of subdivision (6) ofsubsection 1 of this section.
(6) The operator shall cover the exposed face of a mineralseam where acid forming materials are present, to a depth of notless than two feet with earth that will support plant life orwith a permanent water impoundment, terraced or otherwise soconstructed as to prevent a constant inflow of water from anystream and to prevent surface water from flowing into suchimpoundment, in such amounts as will cause runoff or spillagefrom said impoundment, in a volume which will cause kills offish or animals downstream. Gob shall be covered to a depth ofnot less than two feet with earth or spoil material capable ofsupporting plant life.
(7) The operator shall reclaim all affected lands except asotherwise provided in sections 444.500 to 444.755. The operatorshall determine on company-owned land which parts of theaffected land shall be reclaimed for forest, pasture, crop,horticultural, homesite, recreational, industrial or other useincluding food, shelter, and ground cover for wildlife, andshall show same by appropriate designation on the map filedpursuant to section 444.550. Where forest planting is shown onthe map, the operator may elect whether the forest is to behardwood or conifers, or both, and whether its future use is tobe for lumber, pulpwood or some other purpose.
(8) The operator, with the approval of the commission,shall sow, set out or plant upon the affected land described inthe map, filed pursuant to section 444.550, seeds, plants,cuttings of trees, shrubs, grasses or legumes. The plantings orseedlings shall be appropriate to the type of reclamationdesignated by the operator on company-owned land and with theconsent of the owner on leased land and shall be based upon therecommendations of technically trained foresters andagronomists.
(9) Such other requirements as the commission may prescribeby rule or regulation to conform with the purposes andrequirements of sections 444.500 to 444.755.
2. An operator shall commence the reclamation of the areaof land affected by its operation as soon as possible after thebeginning of strip mining of that area in accordance with theplan of reclamation required by sections 444.500 to 444.755, therules and regulations of the commission, the conditions of thepermit, and shall complete grading within twelve months afterthe expiration date of the permit. The seeding and planting ofsupporting vegetation shall be completed within twenty-fourmonths after the expiration date of the permit with survival ofsuch supporting vegetation by the second growing season.
(L. 1971 S.B. 1 § 14, A.L. 1976 S.B. 646, A.L. 1990 H.B. 1584)