Section 85-04-02-10 - Mining and reclamation plan1. Prior to issuance of a construction aggregate lease, the department, in consultation with the lessee, shall develop a mining and reclamation plan for the commissioner's approval. Mining may not begin on the construction aggregate leased premises unless the mining and reclamation plan is approved by the commissioner.2. The intent of the reclamation plan is to reclaim the construction aggregate leased premises to its previous potential use and productivity. The reclamation plan may be modified by the commissioner and the lessee shall comply with any modifications to the plan. If the lessee does not comply with the modified reclamation plan, the construction aggregate lease may be terminated.3. The reclamation plan must indicate the location of the construction aggregate mining operation in relation to the construction aggregate deposit and a plan for the reclamation once the construction aggregate has been removed. The reclamation plan must include the leveling of the disturbed surface at the close of the construction aggregate mining operations to as close to its original contour as is reasonably possible taking into consideration the amount of construction aggregate removed, the preservation and respreading of topsoil, and the revegetation of the surface with appropriate flora. 4. Special reclamation plans for the propagation of wildlife habitat, the creation of a nature preserve, or other alternate land use may be required by the commissioner, provided the costs of such reclamation do not unreasonably increase the cost of reclamation. N.D. Admin Code 85-04-02-10
Adopted by Administrative Rules Supplement 375, January 2020, effective 1/1/2020.General Authority: NDCC 15-05-18
Law Implemented: NDCC 15-05-18