An explorer shall submit with his application for a certificate of exploration or an operator shall submit with his application for an operating permit a proposed reclamation plan. The reclamation plan for an operating permit only must be furnished to the local soil and water conservation district in which the mining operation is to be conducted. The plan must include as a minimum each of the elements specified in the definition of "reclamation plan" in Section 48-20-40 and other information required by the department. The reclamation plan must provide that reclamation activities, particularly those relating to control of erosion, to the extent feasible, must be conducted simultaneously with mining operations and be initiated at the earliest practicable time after completion or termination of mining on a segment of the permitted land. The plan must provide that reclamation activities must be completed within two years after completion or termination of mining on each segment of the area for which an operating permit is requested unless a longer period specifically is permitted by the department.

The department may approve, approve subject to stated modifications, or reject the plan. The department shall approve a reclamation plan as submitted or modified, only if it finds that it adequately provides for those actions necessary to achieve the purposes and requirements of this chapter and that the plan meets the following minimum standards:

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

(2) Provisions for safety to persons and to adjoining property must be provided in all excavations in rock. Safety provisions may be required for excavations in unconsolidated materials that are adjacent to residential developments, schools, churches, hospitals, and commercial and industrial buildings.

(3) In open cast mining operations, all overburden and spoil must be left in a configuration which is in accordance with accepted conservation practices and which is suitable for the proposed subsequent use of the land.

(4) In no event may a provision of this section be construed to allow small pools of water that are, or are likely to become, noxious, odious, or foul to collect or remain on the mined area. Suitable drainage ditches or conduits must be constructed or installed to avoid those conditions. Lakes, ponds, and marsh lands are to be considered adequately reclaimed lands when approved by the department.

(5) The type of vegetative cover and methods of its establishment must be specified and in every case conform to accepted and recommended agronomic and reforestation restoration practices as established by the South Carolina Agricultural Experiment Station of Clemson University and the South Carolina Forestry Commission. Advice and technical assistance may be obtained through the state soil and water conservation districts.

The department may approve a reclamation plan despite the fact that the plan does not provide for reclamation treatment of every portion of the affected land if the department finds that because of special conditions the treatment is not feasible for particular areas and that the plan takes all practical steps to minimize the extent of the areas.

An operator shall have the right to substitute an area mined in the past for an area presently being mined with the approval of the department.

HISTORY: 1990 Act No. 454, Section 2.