444.774. Reclamation requirements and conditions.
Reclamation requirements and conditions.
444.774. 1. Every operator to whom a permit is issued pursuant tothe provisions of sections 444.760 to 444.790 may engage in surface miningupon the lands described in the permit upon the performance of and subjectto the following requirements with respect to such lands:
(1) All ridges and peaks of overburden created by surface mining,except areas meeting the qualifications of subdivision (4) of thissubsection, or where washing, cleaning or retaining ponds and reservoirsmay be formed under subdivision (2) of this subsection, shall be graded toa rolling topography traversable by farm machinery, but such slopes neednot be reduced to less than the original grade of that area prior tomining, and the slope of the ridge of overburden resulting from a box cutneed not be reduced to less than twenty-five degrees from horizontalwhenever the same cannot be practically incorporated into the landreclaimed for wildlife purposes pursuant to subdivision (4) of thissubsection. In surface mining the operator shall remove all debris andmaterials not allowed by the reclamation plan before the bond or anyportion thereof may be released;
(2) As a means of controlling damaging erosion, the director mayrequire the operator to construct terraces or use such other measures andtechniques as are necessary to control soil erosion and siltation onreclaimed land. Such erosion control measures and techniques may also berequired on overburden stockpiles if the erosion is causing environmentaldamage outside the permit area. In determining the grading requirements torestore barite pit areas, the sidewalls of the excavation shall be gradedto a point where it blends with the surrounding countryside, but in no caseshould the contour be such that erosion and siltation be increased;
(3) In the surface mining of tar sands, the operator shall recoverand collect all spent sands and other refuse yielded from the processing oftar sands, whether such spent sands and refuse are produced at the surfacemine or elsewhere, in the manner prescribed by the commission as conditionsof the permit, and shall finally dispose of such spent sands and refuse inthe manner prescribed by the commission as conditions of the permit and inaccordance with the provisions of sections 444.760 to 444.790;
(4) Up to and including twenty-five percent of the total acreage tobe reclaimed each year need not be graded to a rolling topography if theland is reclaimed for wildlife purposes as required by the commission,except that all peaks and ridges shall be leveled off to a minimum width ofthirty feet or one-half the diameter of the base of the pile at theoriginal ground surface whichever is less;
(5) Surface mining operations that remove and do not replace thelateral support shall not, unless mutually agreed upon by the operator andthe adjacent property owner, remove the lateral support in the vicinity ofany established right-of-way line of any public road, street or highwaycloser than a distance equal to twenty-five feet plus one and one-halftimes the depth of the unconsolidated material from such right-of-way lineto the beginning of the excavation; except that, unless granted a varianceby the commission, the minimum distance is fifty feet. The provisions ofthis subdivision shall apply to all existing surface mining operationsbeginning August 28, 1990, except as provided in subsection 3 of section444.770;
(6) If surface mining is or has been conducted up to the minimumdistance as defined in subdivision (5) of this subsection along anestablished right-of-way line of any public road, street or highway, abarrier or berm of adequate height shall be placed or constructed along theperimeter of the excavation. Adequate height shall mean a height of noless than three feet. Such barriers or berms shall not be required ifbarriers, berms or guardrails already exist on the adjoining right-of-way.Barriers or berms of adequate height may also be required by the commissionwhen surface mining is or has been conducted up to the minimum distance asdefined in subdivision (5) of this subsection along other property lines,but only as necessary to mitigate serious and obvious threats to publicsafety;
(7) The operator may construct earth dams to form lakes in pitsresulting from the final cut in a mining area; except that, the formationof the lakes shall not interfere with underground or other miningoperations or damage adjoining property and shall comply with therequirements of subdivision (8) of this subsection;
(8) The operator shall cover the exposed face of a mineral seam whereacid-forming materials are present to a depth of not less than two feetwith earth that will support plant life or with a permanent waterimpoundment, terraced or otherwise so constructed as to prevent a constantinflow of water from any stream and to prevent surface water from flowinginto such impoundment in such amounts as will cause runoff or spillage fromsaid impoundment in a volume which will cause kills of fish or animalsdownstream. The operator shall cover an exposed deposit of tar sands,including an exposed face thereof, to a depth of not less than two feetwith earth that will support plant life, and in addition may cover suchdeposit or face with a permanent water impoundment as provided above;however, no water impoundment shall be so constructed as to allow apermanent layer of oil or other hydrocarbon to collect on the surface ofsuch impoundment in an amount which will adversely affect fish, wildfowland other wildlife in or upon such impoundment;
(9) The operator shall reclaim all affected lands except as otherwiseprovided in sections 444.760 to 444.790. The operator shall determine oncompany-owned land, and with the landowners on leased land for leases thatare entered into after August 28, 1990, which parts of the affected landshall be reclaimed for forest, pasture, crop, horticultural, homesite,recreational, industrial or other use including food, shelter, and groundcover for wildlife;
(10) The operator, with the approval of the commission, shall sow,set out or plant upon the affected land, seeds, plants, cuttings of trees,shrubs, grasses or legumes. The plantings or seedings shall be appropriateto the type of reclamation designated by the operator on company-owned landand with the owner on leased land for leases entered into after August 28,1990, and shall be based upon sound agronomic and forestry principles;
(11) Surface mining operations conducted in the flood plains ofstreams and rivers, and subject to periodic flooding, may be exempt fromthe grading requirements contained in this section if it can bedemonstrated to the commission that such operations will be unsafe topursue or ineffective in achieving reclamation required in this sectionbecause of the periodic flooding;
(12) Such other requirements as the commission may prescribe by ruleor regulation to conform with the purposes and requirements of sections444.760 to 444.790.
2. An operator shall commence the reclamation of the area of landaffected by its operation as soon as possible after the completion ofsurface mining of viable mineral reserves in any portion of the permit areain accordance with the plan of reclamation required by subsection 9 ofsection 444.772, the rules and regulations of the commission, and theconditions of the permit. Grading shall be completed within twelve monthsafter mining of viable mineral reserves is complete in that portion of thepermit area based on the operator's prior mining practices at that site.Mining shall not be deemed complete if the operator can provide credibleevidence to the director that viable mineral reserves are present. Theseeding and planting of supporting vegetation, as provided in thereclamation plan, shall be completed within twenty-four months after withmining has been completed survival of such supporting vegetation by thesecond growing season.
3. With the approval of the director, the operator may substitute forall or any part of the affected land to be reclaimed an equal number ofacres of land previously mined and not reclaimed. If any area is sosubstituted the operator shall submit a map and reclamation plan of thesubstituted area, and this map and reclamation plan shall conform to allrequirements with respect to other maps and reclamation plan required bysection 444.772. The operator shall be relieved of all obligationspursuant to sections 444.760 to 444.790 with respect to the land for whichsubstitution has been permitted. On leased land, the landowner shall grantwritten approval to the operator for substitutions made pursuant to thissubsection.
4. The operator shall file a report with the commission within sixtydays after the date of expiration of a permit stating the exact number ofacres of land affected by the operation, the extent of the reclamationalready accomplished, and such other information as may be required by thecommission.
5. The operator shall ensure that all affected land where vegetationis to be reestablished is covered with enough topsoil or other approvedmaterial in order to provide a proper rooting medium. No topsoil or otherapproved material is required to be placed on areas described insubdivision (4) of subsection 1 of this section or on any areas to bereclaimed for industrial uses as specified in the reclamation plan.
6. The commission may grant such additional time for meeting with thecompletion dates required by sections 444.760 to 444.790 as are necessarydue to an act of God, war, strike, riot, catastrophe, or other good causeshown.
(L. 1971 H.B. 519 § 7, A.L. 1990 H.B. 1584, A.L. 2001 H.B. 453, A.L. 2009 H.B. 246)