Section 444.825

Title XXIX OWNERSHIP AND CONVEYANCE OF PROPERTY

Chapter 444

Effective - 28 Aug 1979   

  444.825.  Reclamation plan contents — confidential items. — 1.  Each reclamation plan submitted as part of a permit application shall include, in the degree of detail necessary to demonstrate that reclamation required can be accomplished, a statement of:

  (1)  The identification of the lands subject to surface coal mining operations over the estimated life of those operations and the size, sequence, and timing of the subareas for which it is anticipated that individual permits for mining will be sought;

  (2)  The condition of the land to be covered by the permit prior to any mining, including:

  (a)  The uses existing at the time of the application and if the land has a history of previous mining, the uses which preceded any mining;

  (b)  The capability of the land prior to any mining to support a variety of uses giving consideration to soil and foundation characteristics, topography, and vegetative cover, and, if applicable, a soil survey prepared pursuant to subdivision (16) of subsection 2 of section 444.820; and

  (c)  The productivity of the land prior to mining, including appropriate classification as prime farm lands, as well as the average yield of food, fiber, forage, or wood products from such lands obtained under high levels of management;

  (3)  The use which is proposed to be made of the land following reclamation, including a discussion of the utility and capacity of the reclaimed land to support a variety of alternative uses and the relationship of such use to existing land use policies and plans, and the comments of any owner of the surface and local governments or agencies thereof which would have to initiate, implement, approve or authorize the proposed use of the land following reclamation;

  (4)  A detailed description of how the proposed postmining land use is to be achieved and the necessary support activities which may be needed to achieve the proposed land use;

  (5)  The engineering techniques and a description of the major equipment proposed to be used in mining and reclamation; a plan for the control of surface water drainage and of water accumulation; a plan, where appropriate, for backfilling, soil stabilization, and compacting, grading, and appropriate revegetation; a plan for soil reconstruction, replacement, and stabilization, pursuant to the performance standards in subdivision (7) of subsection 2 of section 444.855, for those food, forage, and forest lands identified in subdivision (7) of subsection 2 of section 444.855; an estimate of the cost per acre of the reclamation, including a statement as to how the permittee plans to comply with each of the requirements set out in section 444.855;

  (6)  The consideration which has been given to maximize the utilization and conservation of the solid fuel resource being recovered so that reaffecting the land in the future can be minimized;

  (7)  A detailed estimated timetable for the accomplishment of each major step in the reclamation plan;

  (8)  The consideration which has been given to making the surface mining and reclamation operations consistent with surface owner plans, and applicable local land use plans and programs;

  (9)  The steps to be taken to comply with applicable air and water quality laws and regulations and any applicable health and safety standards;

  (10)  The consideration which has been given to developing the reclamation plan in a manner consistent with local physical environmental, and climatological conditions;

  (11)  All lands, interests in lands, or options on such interests held by the applicant or pending bids on interests in lands by the applicant, which lands are contiguous to the areas to be covered by the permit;

  (12)  The results of test borings which the applicant has made at the area to be covered by the permit, or other equivalent information and data in a form satisfactory to the commission, including the location of subsurface water, and an analysis of the chemical properties including acid forming properties of the mineral and overburden; provided, that information which pertains only to the analysis of the chemical and physical properties of the coal (excepting information regarding such mineral or elemental contents which is potentially toxic in the environment) shall be kept confidential and not made a matter of public record;

  (13)  A detailed description of the measures to be taken during the mining and reclamation process to assure the protection of:

  (a)  The quality of surface and ground water systems, both on- and offsite, from adverse effects of the mining and reclamation process;

  (b)  The rights of present users to such water; and

  (c)  The quantity of surface and ground water systems, both on- and offsite, from adverse effects of the mining and reclamation process or to provide alternative sources of water where such protection of quantity cannot be assured;

  (14)  Such other requirements as the commission shall prescribe by rules and regulations.

  2.  Any information required by this section which is not on public file pursuant to this law shall be held in confidence by the commission.

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(L. 1979 H.B. 459)