New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter D - Mineral Resources (mined Land Reclamation) › Part 422 - Mined Land-use Plan › Section 422.3 - Reclamation plan, specific provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The reclamation plan shall describe the
				  applicant's proposed land-use objective to be achieved in the final stage of
				  reclamation; the proposed method of reclaiming the affected land providing, where
				  possible, for orderly, continuing reclamation concurrent with mining; and a
				  schedule for reclaiming the affected land.
(b) Acceptable basic reclamation requirements
				  as contained in this section shall provide for the development of the affected
				  land either to a condition or physical state which is similar to and compatible
				  with that which existed prior to any mining or which encourages the future
				  productive use of the land. Basic reclamation shall include: grading and slope
				  treatment, disposal of refuse or spoil, drainage and water control features, and
				  revegetation; proposals for the prevention of pollution, the protection of the
				  environment, the protection and perpetuation of the taxable value of property,
				  and the protection of the property, health, safety and general welfare of the
				  people of the State. The applicability of such requirements shall be determined
				  by the department on the basis of the location of the affected land, the type of
				  material being mined and the natural processes to which the affected land will be
				  subject. When the proposed reclamation plan consists of subsequent construction,
				  the site may be so prepared. In such cases, there must be a contractural
				  agreement on file with the department at the time mining ceases indicating that
				  construction will commence within six months unless this period is extended by
				  the department. The applicant must demonstrate to the satisfaction of the
				  department that adequate measures will be taken to protect the environment during
				  such period. If construction does not commence within the six month period after
				  the termination of mining, or, if construction is for any reason thereafter
				  terminated before completion, the permittee shall be responsible for reclaiming
				  the affected land to a condition which satisfies the basic reclamation
				  requirements as contained in this Subchapter.
(c) The graphic portion of the reclamation plan
				  shall consist of a map or photograph prepared to the same standards as for the
				  mining plan. The information to be presented in graphic form shall include:
(1) an outline of the affected land;
(2) a grading plan which illustrates, by the
				  use of contours or accompanying cross sections, the proposed final grades to be
				  established on the affected land insofar as it is possible to determine;
				  and
(3) a map which illustrates the
				  proposed final stage of reclamation for all affected land including but not
				  limited to the following: revegetated areas, drainage features, water
				  impoundments, building sites, recreational areas, wildlife areas, haulageways and
				  any other feature consistent with the applicant's land-use objective and proposed
				  reclamation method.