15-57-315. Duties of operator.

15-57-315. Duties of operator. Any operator of an open-cut mine will be subject to the following requirements with respect to the mining and reclamation of the site: (1)(A)(i) All affected land shall be graded to a rolling or terraced topography with adequate drainage. (ii)(a) No final slope will be steeper than one (1) vertical to three (3) horizontal. (b) The Division of Environmental Quality may approve a steeper final slope where the original contour of the affected land was steeper than the one-to-three ratio if the operator can assure, to the satisfaction of the division, the integrity of the final contour. (B) The Director of the Division of Environmental Quality shall develop rules which will allow the division the discretion to permit deviations from certain reclamation standards, including final slope steepness requirements within this subdivision (1), because of unique mining situations, provided the deviations are consistent with the declaration of policy in this subchapter; (2)(A) The operator may construct earthen dams where lakes may be formed in accordance with sound engineering practices. (B)(i) If a lake is to be left as a part of the reclamation plan, provisions must be made by the operator to assure that a pH factor of six (6) to nine (9) is maintained. (ii) However, where water runoff from outside the affected area into the lake has a pH factor of less than six (6) or greater than nine (9) or in order to allow the lake to more closely match the natural environment, the division, in its discretion, may allow a deviation in pH levels; (3) On all affected land which is to be reforested, the operator shall construct reasonable fire lanes or access roads of at least ten feet (10') in width through the land unless this requirement is waived by the division; (4)(A) Requirements for both establishment and maintenance of the vegetative cover shall be established by the division, and the operator shall comply with the requirements or use other equally effective means. (B) When the site slope is in condition for vegetating, a soil test may be made as a basis for soil amendments. Amendments may include lime, fertilizer, secondary micronutrients, an application of topsoil, or other means reasonably calculated to restore the slope to vegetating capabilities. (C)(i) Laboratory soil tests and recommendations shall be obtained from the University of Arkansas Cooperative Extension Service or any other public or private organization or person approved by the division. (ii) The operator shall furnish copies of the soil sample report and recommendations to the division. (D) Specifications concerning species to be grown, intended use, and associated information shall be provided by the operator on soil sample information sheets, and varieties and seeding rates of the species to be planted must conform to the recommendations of state and federal agricultural or forestry agencies; (5)(A) Open-cut mining operations must maintain an undisturbed buffer zone of fifty feet (50') from any adjacent property line or right-of-way until reclamation begins. (B)(i) For the division to approve a variance on the fifty-foot buffer zone, there must be an agreement between the affected property owner or right-of-way holder and the operator. (ii) Proof of such an agreement must be provided to the division. (C) The operator may begin creating the final slope during reclamation at ten feet (10') from the adjacent property line or right-of-way. (D) For purposes of this subdivision (5), the term “property line”, “property owner”, or “right-of-way holder” means and includes boundaries and owners of reserved or granted mineral rights where the fee simple interest and mineral interest have been severed; (6)(A) Whenever the exposed face of mined seams that contain acid-forming materials is not covered by water or by permanent water impoundment, the operator who mined the seams shall cover the exposed face of the seams with earth or spoil materials to a depth of not less than three feet (3') upon receiving approval from the division. (B) Alternatively, the division may approve any other course or conduct proposed by the operator which will assure protection of the seams from atmospheric exposure, minimize leaching action, or otherwise conform with water pollution control criteria to prevent formation of acid mine water or discharge mine water; (7)(A) The operator shall submit to the division no later than June 1 of each year of the permit term: (i) A map in a form acceptable to the division showing the location of the affected areas by section, township, range, and county with other legal description as will identify the affected land during the permit term upon which the operator has completed mining operations; (ii) The extent of completed reclamation as required under § 15-57-311(d); and (iii) A legend upon the map showing the number of acres of affected land. (B) The annual report shall include the amount of material mined during each twelve-month period; (8)(A) The division's approval of the operator's reclamation plan may be based upon the advice and technical assistance of the Arkansas Natural Resources Commission, the Arkansas State Game and Fish Commission, the State Forester, the Arkansas Geological Survey, and other agencies or persons having experience in foresting and reclaiming open-cut mined lands with forest or agronomic or horticultural species, based upon scientific knowledge from research into reclaiming and utilizing forest and agronomic species on open-cut mined lands. (B) The operator shall designate which parts of the affected land shall be reclaimed for forest, pasture, crop, horticulture, homesite, recreational, industrial, or other use, including food, shelter, or ground cover for wildlife and shall show each use by appropriate designation on the reclamation map; (9)(A)(i) All reclamation shall be completed by the operator in compliance with its detailed plan of reclamation. (ii) Where natural weathering and leaching of affected land fails to support plant growth at the end of the reclamation period as required under § 15-57-311(d), the division, at the request of the operator, may approve a permit extension from year-to-year from the termination of the permit on the permitted area. (B) In the event that the operator does not comply with its schedule of reclamation or extensions granted within a reasonable period of time, to be determined by the division, the bond or substituted security of affected land not satisfactorily reclaimed shall be forfeited; (10) In the event that the operator's reclamation plan is found impracticable by the operator, upon the application of the operator, the division, in its discretion, may allow the modification of the reclamation plan, provided that the modified plan will carry out the purposes of this subchapter; (11) All mine spoil generated by the operator shall be disposed of in a manner approved by the division and designed to control siltation, erosion, or other damage to streams and natural watercourses, as best allowed by the soil conditions of the permitted area; (12) The operator shall preserve any topsoil for redistribution during reclamation unless otherwise approved by the director; (13) The operator shall protect the public from the dangers inherent in an open-cut mining operation by restricting access to the mine site and posting adequate warning signs; and (14) Upon approval from the division, stockpiles of processed materials may be left without being reclaimed if there is a likelihood that there will be a market for the material in the future and that there will be no form of pollution from the stockpiles remaining on or leaving the property.