27-922. Surface disturbances created by existing exploration operation or mining unit; extension; continuing operations

A. An owner or operator of an existing exploration operation or existing mining unit with surface disturbances of more than five contiguous acres shall submit a reclamation plan to the state mine inspector by April 1, 1997.

B. An owner or operator may petition the inspector for an extension of time to submit a reclamation plan. The inspector shall grant the extension on a showing of good cause, including the need to coordinate the preparation and submission of a reclamation plan with an aquifer protection permit application under title 49, chapter 3, article 2 or with other permits and approvals required for the exploration operation or mining unit.

C. The owner or operator of an existing exploration operation or existing mining unit may continue operations, including creating surface disturbances, until the inspector takes final action on the reclamation plan and financial assurance mechanism.

D. The reclamation of surface disturbances created in whole or in part before July 17, 1994, the effective date of this chapter, and the initial rules adopted pursuant to this chapter may present special technical and economic constraints that are not encountered for new surface disturbances. The inspector shall consider the nature and extent of the existing surface disturbances, relevant site-specific circumstances and the technical and economic practicability of reclaiming such surface disturbances. The inspector shall not require the removal or relocation of existing mining units to satisfy the reclamation requirements of this chapter.