§ 74-53. Reclamation plan. - North Carolina Statutes

§74‑53.  Reclamation plan.

The operator shall submit withhis application for an operating permit a proposed reclamation plan. Said planshall include as a minimum, each of the elements specified in the definition of"reclamation plan" in G.S. 74‑49, plus such other informationas may be reasonably required by the Department. The reclamation plan shallprovide that reclamation activities, particularly those relating to control oferosion, shall to the extent feasible be conducted simultaneously with miningoperations and in any event be initiated at the earliest practicable time aftercompletion or termination of mining on any segment of the permit area. The planshall provide that reclamation activities shall be completed within two yearsafter completion or termination of mining on each segment of the area for whicha permit is requested unless a longer period is specifically permitted by theDepartment.

The Department may approve,approve subject to stated modifications, or reject the plan which is proposed.The Department shall approve a reclamation plan (as submitted or as modified)only where it finds that it adequately provides for those actions necessary toachieve the purposes and requirements of this Article, and that in addition,the plan meets the following minimum standards:

(1)        The final slopes inall excavations in soil, sand, gravel, and other unconsolidated materials shallbe at such an angle as to minimize the possibility of slides and be consistentwith the future use of the land.

(2)        Provisions forsafety to persons and to adjoining property must be provided in all excavationsin rock.

(3)        At open pit miningoperations, all overburden and spoil shall be left in a configuration which isin accordance with accepted conservation practices and which is suitable forthe proposed subsequent use of the land.

(4)        In no event shallany provision of this section be construed to allow small pools of water thatare, or are likely to become, noxious, odious, or foul to collect or remain onthe mined area. Suitable drainage ditches or conduits shall be constructed orinstalled to avoid such conditions. Lakes, ponds, and marsh lands shall beconsidered adequately reclaimed lands when approved by the Department.

(5)        The type ofvegetative cover and methods of its establishment shall be specified, and inevery case shall conform to accepted and recommended agronomic andreforestation restoration practices as established by the North CarolinaAgricultural Experiment Station and Department of Environment and NaturalResources. Advice and technical assistance may be obtained through the Statesoil and water conservation districts.

The Department shall beauthorized to approve a reclamation plan despite the fact that such plan doesnot provide for reclamation treatment of every portion of the affected land,where the Department finds that because of special conditions such treatmentwould not be feasible for particular areas and that the plan takes allpractical steps to minimize the extent of such areas. (1971,c. 545, s. 8; 1973, c. 1262, s. 86; 1977, c. 771, s. 4; 1989, c. 727, s.218(14); 1991, c. 342, s. 1; 1997‑443, s. 11A.119(a).)