NY Env Conserv L § 23-2713 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 27 - New York State Mined Land Reclamation Law 23-2713 - Mined Land-Use Plan.

§ 23-2713. Mined land-use plan.   1. All mining and reclamation activities on the affected land shall be conducted  in  accordance  with  an  approved  mined  land-use plan. The approved mined land-use plan shall  consist  of  both  a  mining  and  a reclamation  plan,  and any other information which the department deems necessary in order to achieve the purposes of this title.  (a) The mining plan shall consist of a written and graphic description of the proposed mining operation, including the boundaries of  the  land controlled  by  the applicant, the outline of potential affected acreage and the general sequence of areas to be mined through successive  permit terms.  The  graphic  description shall include the location of the mine and shall identify the  land  affected  by  mining  after  April  first, nineteen  hundred  seventy-five,  including  but not limited to areas of excavation; areas of overburden, tailings, and spoil; areas  of  topsoil and  mineral  stock piles; processing plant areas; haulageways; shipping and storage areas; drainage features and water impoundments. The written description of the plan shall include the applicant's mining method  and measures to be taken to minimize adverse environmental impacts resulting from the mining operation.  (b)  The  reclamation  plan  shall  consist  of  a graphic and written description of the proposed reclamation. The graphic  description  shall include  maps  and  cross  sections  which illustrate the final physical state of the reclaimed land. The written description of the  plan  shall describe the manner in which the affected land is to be reclaimed, and a schedule for performing such reclamation.  (c)  A  draft  environmental  impact  statement  prepared  pursuant to article eight of this chapter may  be  submitted  in  lieu  of  a  mined land-use  plan  if  the  department  determines  that it conforms to the requirements of this section and the rules and  regulations  promulgated pursuant thereto.  (d) The department may, after notice and an opportunity for a hearing, impose a reclamation plan in the absence of an approved reclamation plan or  upon  a  finding  of  noncompliance  with  or failure of an approved reclamation plan.   2. The  reclamation  of  all  affected  land  shall  be  completed  in accordance  with  the  schedule contained in the approved mined land-use plan pertaining thereto. The schedule, where possible, shall provide for orderly, continuing reclamation concurrent with  mining.  The  permittee shall  submit to the department a notice of termination of mining within thirty days after such termination. Reclamation  of  the  affected  land shall  be completed within a two year period after mining is terminated, as determined by the department, unless the department deems it  in  the best  interest  of  the people of the state to allow a longer period for reclamation. The permittee shall submit to the department  a  notice  of completion  of reclamation within thirty days of such completion. If the department fails to approve or disapprove the  adequacy  of  reclamation within  ninety  days  after  receipt  of  the  notice  of  completion of reclamation, the permittee may notify the department of such failure  by means  of  certified  mail  return  receipt  requested  addressed to the commissioner. If within thirty days after receipt of  such  notice,  the department  fails to mail a decision, the permittee shall be relieved of the obligation to maintain financial security in respect to reclamation; provided, however, nothing herein shall relieve  the  permittee  of  the obligation  to accomplish adequate reclamation. The permittee shall file periodic  reports  at  such  times  as  the  department  shall  require, indicating   areas   for  which  reclamation  has  been  completed.  The department shall inspect such areas and notify the permittee whether the  reclamation is in accordance with the approved plan or whether there are deficiencies that must be corrected.