Okla. Admin. Code § 155:12-3-4

Current through Vol. 42, No. 4, November 1, 2024

Section 155:12-3-4 - Land management project evaluation criteria

Proposed land restoration projects and completed restoration work shall be evaluated in terms of the factors stated in this Section. This evaluation will be undertaken by the Director. The factors shall determine whether or not proposed land restoration will be undertaken and to assign priorities to proposals intended to meet the objectives in terms of factors set forth below as a means of identifying conditions that should be avoided, corrected, or improved in plans for future land restoration. The factors for consideration include:

(1) The need for restoration work to accomplish one or more specific land management objectives.

(2) The availability of technology to accomplish the land restoration with reasonable assurance of success. In the case of research and demonstration projects, the research capability and plans shall provide reasonable assurance of beneficial results without residual adverse impacts.

(3) The specific benefits to be considered when evaluating restoration projects shall include but are not limited to eligibility in 155:12-3-2, and the mine restoration objectives and priorities in 155:12-3-3.

(4) The acceptability of any additional adverse impacts to people or the environment that will occur during or after restoration and of uncorrected conditions, if any, that will continue to exist after the land restoration is completed.

(5) Consideration shall be given to both the economy and efficiency of the improvements and to the results obtained or expected as a result of the restoration.

(6) Landowner(s) acceptability to the restoration of the land.

(7) The availability of additional mineral or material resources within the project area that:

(A) Indicates a reasonable probability that the desired land improvements will be accomplished during the process of future mining.

(B) Requires special consideration to ensure that the resource is not lost as a result of the restoration and that the benefits of the restoration are not negated by subsequent, essential resource recovery operations.

(8) The acceptability of post-restored or improved land uses in terms of compatibility with land uses in the surrounding area, consistency with applicable State, regional, and local land use plans and laws, and the needs and desires of the community in which the project is located.

(9) The probability of post-land management, maintenance, and control of the area consistent with the improvements once completed.

Okla. Admin. Code § 155:12-3-4

Adopted by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 9/2/2024