Alaska Administrative Code › Title 11 - Natural Resources › Part 6 - Lands › Chapter 97 - Mining Reclamation › Article 3 - Reclamation Plan › 11 AAC 97.310 - Reclamation plan

Current through May 31, 2024
(a) Before a miner starts a mining operation
				  subject to
				  AS
				  27.19.030, or if an exempt miner wishes to
				  operate under the provisions of
				  AS
				  27.19.040(d), the miner must
				  submit a proposed reclamation plan. The proposed plan must be correct and
				  complete to the best of the miner's knowledge and be signed and dated by the
				  miner or the miner's designee.
(b)
				  A reclamation plan not submitted on a form provided by the commissioner must
				  include the following:
(1) the name, address,
				  and telephone number of the miner or other person who will serve as agent to
				  receive any notice that is required under this chapter, and the names,
				  addresses, and telephone numbers of all other owners, operators, or
				  leaseholders of the mining operation;
(2) a list of all properties, mining
				  locations, or leases on which the mining operation is to be conducted,
				  including the state or federal casefile number, and the legal description of
				  the land on which the mining operation will be conducted, described by legal
				  subdivision, section, quarter-section, township, range, and meridian;
(3) a map (United States Geological Survey
				  topographic map or the equivalent) at a scale no smaller than 1:63,360 (inch to
				  the mile) showing the general vicinity of the mining operation and the specific
				  property to be worked;
(4) a
				  general description and diagram of the mining operation and the mined area that
				  shows and states the number of acres to be mined during each year covered by
				  the plan and that shows the location corners or property boundaries and their
				  relationship to the reclamation work, the tailings or spoil disposal areas, and
				  the areas otherwise affected by the operation; the information furnished must
				  be reasonably appropriate to the scale and complexity of the mine;
(5) the estimated number of yards or tons of
				  overburden or waste and ore or materials to be mined during each year covered
				  by the plan;
(6) a description of
				  the reclamation measures that will be taken to comply with
				  AS
				  27.19.020 and
				  11 AAC 97.200 -
				  11 AAC 97.250, including the
				  equipment to be used; a time schedule for the reclamation measures; and, if the
				  miner proposes to reclaim the land to an alternate post-mining land use under
				  AS
				  27.19.030(b) on state,
				  federal, or private land or to an alternate post-mining land intended by the
				  landowner on private land, a statement of that proposed or intended use; the
				  description must include:
(A) measures for
				  topsoil removal, storage, protection, and replacement;
(B) measures for reclamation of tailings
				  impoundments, settling ponds, reservoirs, heaps, open pits and cuts, shafts,
				  adits, tunnels, portals, overburden, waste rock storage areas, and all other
				  affected areas;
(C) measures for
				  stream placement and reclamation at the end of mining; and
(D) a proposal for reclamation or post-mining
				  conversion of access roads leading to the mining operation, airstrips, and
				  other associated facilities;
(7) if on private land, a signed and
				  notarized statement by the landowner that the miner has the landowner's
				  permission to operate throughout the period covered by the proposed reclamation
				  plan; however, this statement is not required if the miner is the landowner, or
				  if the mining operation is on a prior federal mining location and the private
				  landowner received title subject to that location under sec. 22(c) of PL
				  92-203, the Alaska Native Claims Settlement Act (43 U.S.C.
				  1621(c)); if the private
				  landowner believes that reclamation to the standard set out in
				  AS
				  27.19.020 is not feasible because the
				  landowner intends to use the land after mining for a purpose incompatible with
				  natural revegetation, the landowner is encouraged to provide this information
				  as part of the statement; for the purposes of this paragraph, the landowner
				  means the owner of the estate that includes the mineral or material to be
				  mined.