Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 8 - Geology Regulations › Chapter 1 - Mississippi Commission on Environmental Quality Surface Mining and Reclamation Rules and Regulations › Subchapter 7 - Reclamation › Rule 11-8-1.7.3 - Reclamation Standards

Current through June 25, 2024
A. Any permit
				  issued under the Act and these Regulations shall require operations to comply
				  with all applicable reclamation standards. Reclamation standards shall apply to
				  all operations, exploration activities and reclamation operations covered by
				  the Act and these Regulations and shall require the operator at a minimum to:
(1) Conduct operations in a manner consistent
				  with prudent mining practice, so as to maximize the utilization and
				  conservation of the resource being recovered; and, in keeping with the intent
				  of maximizing the value of mined land, stockpiles of commercially valuable
				  material may remain, if they are ecologically stable;
(2) Restore the affected area so that it may
				  be used for a useful, productive and beneficial purpose, including an
				  agricultural, grazing, commercial, residential or recreational purpose,
				  including lakes, ponds, wetlands, wildlife habitat, or other natural or
				  forested areas;
(3) Conduct water
				  drainage and silt control for the affected area to strictly control soil
				  erosion, damage to adjacent lands and pollution of waters of the state, both
				  during and following the mining operations. Before, during and for a reasonable
				  period after mining, all drainways for the affected area shall be protected
				  with silt traps or dams of approved design as directed by law. The operator may
				  impound water to provide wetlands, lakes or ponds of approved design for
				  wildlife, recreational or water supply purposes, if it is a part of the
				  approved reclamation plan;
(4)
				  Remove or cover all metal, lumber and other refuse, except vegetation,
				  resulting from the operation;
(5)
				  Regrade the area to the nearest approximate original contour or rolling
				  topography, and eliminate all highwalls and spoil piles, except as provided in
				  an approved reclamation plan. Lakes, ponds or wetlands may be constructed, if
				  part of an approved reclamation plan;
(6) Stabilize and protect all affected areas
				  sufficiently to control erosion and attendant air and water
				  pollution;
(7) Remove the topsoil,
				  if any, from the affected area in a separate layer, and place it on any
				  authorized lieu lands to be reclaimed or replace it on the backfill area. If
				  not utilized immediately, the topsoil shall be segregated in a separate pile
				  from other spoil. If the topsoil is not replaced on a backfill area of
				  authorized lieu lands within a time short enough to avoid deterioration, the
				  topsoil shall be protected by a successful cover of plants or by other means
				  approved by the Permit Board. If topsoil is of insufficient quantity or of poor
				  quality for sustaining vegetation and if other strata can be shown to be as
				  suitable for vegetation requirements, then the operator may petition the Permit
				  Board for permission to be exempt from the requirements for the removal,
				  segregation and preservation of topsoil and to remove, segregate and preserve
				  in a like manner other strata which are best able to support vegetation or to
				  mix strata, if that mixing can be shown to be equally suitable for revegetation
				  requirements;
(8) Replace, if
				  required, available topsoil or the best available subsoil on top of the land to
				  be reclaimed or on top of authorized lieu lands being reclaimed;
(9) Minimize the disturbances to the
				  prevailing hydrologic balance at the mine site and in associated off-site areas
				  and to the quality and quantity of water in surface and groundwater systems
				  both during and after surface mining operations and during reclamation by:
(a) Avoiding acid or other toxic mine
				  drainage by using measures such as, but not limited to:
(1) Preventing or removing water from contact
				  with toxic-material producing deposits;
(2) Treating drainage to reduce toxic
				  material content; and
(3) Casing,
				  sealing or otherwise managing boreholes, shafts and wells to keep acid or other
				  toxic material drainage from entering ground and surface waters;
(b) Conducting operations to
				  prevent unreasonable additional levels of suspended solids to streamflow or
				  runoff outside the permit area above natural levels under seasonal flow
				  conditions;
(c) Removing temporary
				  or large siltation structures from drainways, consistent with good water
				  conservation practices, after disturbed areas are revegetated and
				  stabilized;
(d) Performing any
				  other actions as may be required by the Commission or Permit Board to ensure
				  compliance with the Act or these Regulations;
(10) Stabilize any waste piles;
(11) Incorporate current engineering
				  practices for the design and construction of water retention structures for the
				  disposal of mine wastes, processing wastes or other liquid or solid wastes
				  which, at a minimum, shall be compatible with the requirements of applicable
				  state and federal laws and regulations, insure that leachate will not pollute
				  surface or ground water, and locate water retention structures so as not to
				  endanger public health and safety should failure occur;
(12) Insure that all debris, acid-forming
				  materials, toxic materials or materials constituting a fire hazard are treated
				  or disposed of in a manner designed to prevent contamination of ground or
				  surface waters or combustion;
(13)
				  Insure that construction, maintenance and postmining conditions of access roads
				  into and across the permit area will minimize erosion and siltation, pollution
				  of air and water, damage to fish or wildlife or their habitat, or public or
				  private property. The Permit Board may authorize the retention after mining of
				  certain access roads if compatible with the approved reclamation
				  plan;
(14) Refrain from the
				  construction of roads or other access ways up a stream bed or drainage channel
				  or in proximity to a channel where the construction would seriously alter the
				  normal flow of water;
(15)
				  Revegetate the affected area with plants, approved by the Department, to attain
				  a useful, productive and beneficial purpose, including an agricultural,
				  grazing, industrial, commercial, residential or recreational purpose, including
				  lakes, ponds, wetlands, wildlife habitat or other natural or forested
				  areas;
(16) Assume responsibility
				  for successful revegetation for a period of two (2) years beyond the date of
				  initial bond release on any bond or deposit held by the Department;
(17) Assure with respect to permanent
				  impoundments of water as part of the approved reclamation plan that:
(a) The size of the impoundment and the
				  availability of water are adequate for its intended purpose;
(b) The impoundment dam construction will
				  meet the requirements of applicable state and federal laws;
(c) The quality of impounded water will be
				  suitable on a permanent basis for its intended use and the discharges from the
				  impoundment will not degrade the water quality in the receiving
				  stream;
(d) Final grading will
				  provide adequate safety and access for anticipated water users;
(e) Water impoundments will not result in the
				  diminution of the quality or quantity of water utilized by adjacent or
				  surrounding landowners; and
(18) Protect off-site areas from slides or
				  damage occurring during the surface mining and reclamation operations, and not
				  deposit spoil material or locate any part of the operations or waste
				  accumulations outside the permit area.