Current through Register Vol. 61, No. 4, April 1, 2022
A reclamation plan submitted under 632-030-0025 must meet the
following minimum standards:
slopes must be stable. Reclaimed cutbanks may not have slopes exceeding 1-1/2
horizontal to 1 vertical (1-1/2H:1V). Final slopes may be blasted or sculpted
to blend into adjacent landforms or for creation of habitat. The Department may
require the submission of a reclamation blast plan to assure stable slopes will
be created and adjacent property will be protected. The Department may also
grant exceptions for slopes steeper than 1-1/2H:1V when the applicant can
document that the slopes will be stable and if the steeper slopes:
(a) Blend into the adjacent
(b) Existed prior to
(c) Are consistent with
the approved subsequent beneficial use.
(2) Interim and final above-water cutslopes
for sites located within the boundaries of a 100-year floodplain can be no
steeper than 3H:1V.
(a) Fill slopes must be 2
horizontal to 1 vertical (2H:1V) or flatter.
(b) Fill slopes steeper than 2H:1V may be
approved if technical data supporting slope stability is approved by the
(c) In unconsolidated
material or when slope length exceeds 100 lineal feet, 3H:1V slopes or flatter
may be required to assure long-term stability.
(d) Complex slope formations may be necessary
to enhance habitat and post-mine landscape diversity.
(e) Flatter slopes (5H:1V to 10H:1V) will be
needed where wetland creation is proposed.
(f) For sites within the 100-year floodplain,
final above-water fill slopes can only be placed over cutslopes that are 3H:1V,
or flatter, unless the Department agrees in writing to a different ratio based
on a determination that the flood potential is very low.
(4) Generally, final revegetation with native
species of all disturbed areas consistent with future use is required unless
the Department finds it unreasonable. The Department will, in most instances,
consider revegetation successful if it provides a similar plant density in
terms of ground or canopy cover and it is comparable to undisturbed areas in
similar landscape positions. In arid or semi-arid regions, the Department may
allow three years of growth prior to a revegetation evaluation. Otherwise,
revegetation will be evaluated after one growing season. Vegetation test plots
may be required to ensure establishment feasibility and/or long-term habitat
goals in the reclamation plan. Vegetation monitoring may also be required to
insure success of the approved plan.
Establishment of 3H:1V slopes from
ordinary high-water level extending to six feet below ordinary low-water level
for permanent water impoundments is required. In addition to the 3H:1V slopes,
the Department may approve other sloping configurations where horizontal
benches are incorporated as habitat features.
(a) Other above- and below-water bank sloping
may be approved for constructed alcoves or other habitat features or
(b) Establishment of a
stable slope angle or benching for below-water slopes to insure an adequate
foundation for the proposed in-water and above-water slopes or fills is
(c) A geotechnical study
may be required to address slope stability.
(6) All stream channels and stream banks must
be rehabilitated using procedures that minimize bank erosion, channel scour,
and sedimentation; and maximize habitat.
(7) Reclamation must be completed in a timely
manner. If there is no production at a mine site for a period of five or more
consecutive years, the permittee shall submit a report to the Department on the
remaining reserves. The report must include an estimate of the quantity of the
remaining mineral reserves. The report must be signed by a professional
geologist or include drill logs or other quantitative analysis acceptable to
the Department. If the submission of such data poses a financial hardship to
the permittee, the Department will attempt to work with the permittee to
provide the necessary geologic expertise as Department staff resources allow or
the Department may waive this requirement. Any waiver provided by the
Department must be in writing and must specify the duration for which the
requirement is waived.
(8) If the
Department determines that the reserves are insignificant or the operator is
unlikely to be able to economically mine the site in the reasonably foreseeable
future, the Department will order reclamation and may establish a reasonable
period for its completion.