Compilation of Rules and Regulations of the State of Georgia › Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES › Chapter 391-3 - ENVIRONMENTAL PROTECTION › Subject 391-3-3 - SURFACE MINING › Rule 391-3-3-.05 - Mining Land Use Plan

Current through Rules and Regulations filed
				through June 27, 2024
(1)
Plan Submittal.
Each surface
				mining operator, prior to being issued a permit to engage in surface mining,
				shall submit a Mining Land Use Plan that is acceptable to the Division and
				which meets the requirements of the Act and Rules, including provisions for
				protection of the environment and resources of the State and reclamation of
				affected lands in a reasonable period of time. Operators will submit an
				original and two (2) copies of an application and Mining Land Use Plan on forms
				provided by the Division, along with all engineering drawings, specifications,
				maps or other attachments as necessary.
(2)
Preparation of Plan.
Mining
				Land Use Plans will be prepared as to form and content in a manner acceptable
				to the Division and will comply with the rules and regulations. The plan will
				contain a specific plan of action, being based on sound engineering and
				conservation principles, for accomplishing the operator's reclamation objective
				and for protection of adjacent watersheds from effects of erosion and
				siltation. The Mining Land Use Plan shall be consistent with land use in the
				area of the mine. The Mining Land Use Plan shall include, but not be limited
				to, a description of the company; the minerals or materials to be mined; mining
				methods; lands and community to be affected; reclamation objective; estimated
				schedule of mining advancement; schedule of reclamation, including time to
				accomplish reclamation; affected acreage; natural drainage and water disposal;
				provisions for erosion and siltation control, including adequate measures to
				control erosion on the periphery of affected land where mining ceases or
				becomes inactive; protection of contiguous natural and other resources,
				including properties on the National Register of Historic Places; topsoil use;
				overburden (spoil) or refuse disposal placement or use; backfilling; highwall
				reduction, grading and sloping; lake development; site cleanup; and
				revegetation of reclaimed lands.
(3)
National Register of Historic
				Places.
Adverse effects on historic places include, but are not limited
				to, the following: physical destruction, damage or alteration of all or part of
				the property; isolation of the property from or alteration of the character of
				the property's setting when that character contributes to the property's
				qualification for the National Register; introduction of visual, audible or
				atmospheric elements that are out of character with the property or alter its
				setting.
(4)
Amended Mining
				Land Use Plan.
If it is determined to be desirable to vary from an
				approved Mining Land Use Plan, any changes in the Plan must be submitted in
				writing to the Division for approval as an amendment to the original Plan prior
				to changing or varying from such Plan. Amended Plans submitted by the operator
				will be complete in all details necessary to correctly show the operator's new
				plan of action and will show by map all lands to be affected and
				reclaimed.
(5)
Disapproval of
				Plan.
Mining Land Use Plans submitted by mining operators that are not
				prepared in a manner acceptable to the Division and that do not contain the
				required supporting documents and maps will be disapproved. In the event an
				operation has submitted a Mining Land Use Plan for approval that is not
				acceptable to the Division, the Plan shall be disapproved. The operator will be
				advised of the various elements of the Plan that are not acceptable, and the
				operator's disapproved Plan will be returned to the operator for revision and
				resubmission. It is the operator's responsibility to provide a properly
				prepared, acceptable and sufficient Mining Land Use Plan that will provide for
				the protection of the environment in the development and operation of the site
				and reclamation of mined lands.
Ga. L. 1968, p. 9, et.
				  seq., as amended; Ga. L. 1972, p. 1015 as amended; Ga. L. 1992, p. 1098, et.
				  seq., as amended.