Proposed reclamation projects and completed reclamation work
shall be evaluated using the factors stated in this section to determine
whether or not proposed reclamation will be undertaken and to assign priorities
to proposals intended to meet the objectives of
K.S.A. 49-428. Completed reclamation shall be
evaluated using the following factors to identify conditions that should be
avoided, corrected, or improved in plans for future reclamation work:
(a) the need for reclamation work to
accomplish one or more specific objectives stated in
K.S.A. 49-428;
(b) the availability of technology to
accomplish the reclamation work 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;
(c) the specific
benefits of the reclamation work for the area including the following:
(1) protection of human life, health, or
safety;
(2) protection of the
environment, including air and water quality, fish and wildlife, plant habitat,
visual beauty, historic, cultural or recreation resources, and abatement of
erosion sedimentation;
(3)
protection of public or private property;
(4) improvement of environmental conditions
that may be considered to generally enhance the quality of human life;
(5) improvement of natural
resource use, including:
(A) increasing
productivity capability of the land;
(B) enhancing the use of surrounding lands
consistent with existing land use plans;
(C) providing for construction or enhancement
of public facilities; and
(D)
providing for residential, commercial, or industrial developments consistent
with the needs and plans of the community in which the site is located; and
(6) technologies that
can be used to reclaim areas disturbed by mining;
(d) any additional adverse impacts to people
or the environment during or after reclamation and of uncorrected conditions,
if any, that will continue to exist after reclamation;
(e) the costs of reclamation. Consideration
shall be given to both the economy and efficiency of the reclamation work and
to the results obtained or expected as a result of reclamation;
(f) any additional coal or other mineral or
material resources within the project area when either of the following
conditions exists:
(1) a reasonable
probability that the desired reclamation could be accomplished in conjunction
with future mining; or
(2) a need
to assure that the resource is not lost as a result of reclamation and the
benefits of reclamation are not negated by subsequent, essential resource
recovery operations;
(g) compatability of post-reclamation land
uses with the following:
(1) land uses in the
surrounding area;
(2) applicable
state, regional, and local land use plans and laws; and
(3) the needs and desires of the community
where the project is located; and
(h) the probability that post-reclamation
management, maintenance and control of the area will be consistent with the
reclamation completed.
