444.825. Reclamation plan contents--confidential items.
Reclamation plan contents--confidential items.
444.825. 1. Each reclamation plan submitted as part of apermit application shall include, in the degree of detailnecessary to demonstrate that reclamation required can beaccomplished, a statement of:
(1) The identification of the lands subject to surface coalmining operations over the estimated life of those operations andthe size, sequence, and timing of the subareas for which it isanticipated that individual permits for mining will be sought;
(2) The condition of the land to be covered by the permitprior to any mining, including:
(a) The uses existing at the time of the application and ifthe land has a history of previous mining, the uses whichpreceded any mining;
(b) The capability of the land prior to any mining tosupport a variety of uses giving consideration to soil andfoundation characteristics, topography, and vegetative cover,and, if applicable, a soil survey prepared pursuant tosubdivision (16) of subsection 2 of section 444.820; and
(c) The productivity of the land prior to mining, includingappropriate classification as prime farm lands, as well as theaverage yield of food, fiber, forage, or wood products from suchlands obtained under high levels of management;
(3) The use which is proposed to be made of the landfollowing reclamation, including a discussion of the utility andcapacity of the reclaimed land to support a variety ofalternative uses and the relationship of such use to existingland use policies and plans, and the comments of any owner of thesurface and local governments or agencies thereof which wouldhave to initiate, implement, approve or authorize the proposeduse of the land following reclamation;
(4) A detailed description of how the proposed postminingland use is to be achieved and the necessary support activitieswhich may be needed to achieve the proposed land use;
(5) The engineering techniques and a description of themajor equipment proposed to be used in mining and reclamation; aplan for the control of surface water drainage and of wateraccumulation; a plan, where appropriate, for backfilling, soilstabilization, and compacting, grading, and appropriaterevegetation; a plan for soil reconstruction, replacement, andstabilization, pursuant to the performance standards insubdivision (7) of subsection 2 of section 444.855, for thosefood, forage, and forest lands identified in subdivision (7) ofsubsection 2 of section 444.855; an estimate of the cost per acreof the reclamation, including a statement as to how the permitteeplans to comply with each of the requirements set out in section444.855;
(6) The consideration which has been given to maximize theutilization and conservation of the solid fuel resource beingrecovered so that reaffecting the land in the future can beminimized;
(7) A detailed estimated timetable for the accomplishment ofeach major step in the reclamation plan;
(8) The consideration which has been given to making thesurface mining and reclamation operations consistent with surfaceowner plans, and applicable local land use plans and programs;
(9) The steps to be taken to comply with applicable air andwater quality laws and regulations and any applicable health andsafety standards;
(10) The consideration which has been given to developingthe reclamation plan in a manner consistent with local physicalenvironmental, and climatological conditions;
(11) All lands, interests in lands, or options on suchinterests held by the applicant or pending bids on interests inlands by the applicant, which lands are contiguous to the areasto be covered by the permit;
(12) The results of test borings which the applicant hasmade at the area to be covered by the permit, or other equivalentinformation and data in a form satisfactory to the commission,including the location of subsurface water, and an analysis ofthe chemical properties including acid forming properties of themineral and overburden; provided, that information which pertainsonly to the analysis of the chemical and physical properties ofthe coal (excepting information regarding such mineral orelemental contents which is potentially toxic in the environment)shall be kept confidential and not made a matter of publicrecord;
(13) A detailed description of the measures to be takenduring the mining and reclamation process to assure theprotection of:
(a) The quality of surface and ground water systems, bothon- and offsite, from adverse effects of the mining andreclamation process;
(b) The rights of present users to such water; and
(c) The quantity of surface and ground water systems, bothon- and offsite, from adverse effects of the mining andreclamation process or to provide alternative sources of waterwhere such protection of quantity cannot be assured;
(14) Such other requirements as the commission shallprescribe by rules and regulations.
2. Any information required by this section which is not onpublic file pursuant to this law shall be held in confidence bythe commission.
(L. 1979 H.B. 459)