27-1226. Initiation, extension and completion of reclamation

A. Beginning January 1, 2007, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at an aggregate mining unit, reclamation shall be initiated:

1. Within one year after completing the exploration operation or aggregate mining unit.

2. Within one year after cessation of aggregate mining activity.

3. As required by applicable federal law.

B. The state mine inspector shall extend the period in which to initiate reclamation under subsection A, with up to three subsequent five year extensions, if the owner or operator of an exploration operation or aggregate mining unit demonstrates a reasonable likelihood that the project or operation will resume, based on a consideration of factors, including:

1. The presence of additional aggregate being mined or other commodities in commerce.

2. Historical fluctuations in the value of the commodity being mined or other commodities present if they can be mined using the same disturbances.

3. Changing market conditions and demand for the commodity being mined.

4. The design life of any process components existing at an aggregate mining unit.

C. Once initiated, the final reclamation measures shall be performed as stated in the approved reclamation plan unless the exploration operation or aggregate mining unit is reactivated.