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2018 Idaho Statutes
Title 47 - MINES AND MINING
Chapter 15 - SURFACE MINING
Section 47-1509 - PROCEDURES IN RECLAMATION.
Universal Citation: ID Code § 47-1509 (2018)
47-1509. PROCEDURES IN RECLAMATION. (a) Except as otherwise provided in this act, every operator who conducts exploration or surface mining operations which disturb two (2) or more acres within the state of Idaho shall perform the following reclamation activities:
(1) Ridges of overburden shall be leveled in such manner as to have a minimum width of ten (10) feet at the top.
(2) Peaks of overburden shall be leveled in such a manner as to have a minimum width of fifteen (15) feet at the top.
(3) Overburden piles shall be reasonably prepared to control erosion.
(4) Where water run-off from affected lands results in stream or lake siltation in excess of that which normally results from run-off, the operator shall prepare affected lands and adjacent premises under the control of the operator as necessary to meet the requirements authorized under chapter 1, title 39, Idaho Code.
(5) Roads which are abandoned shall be cross-ditched insofar as necessary to avoid erosion gullies.
(6) Exploration drill holes shall be plugged or otherwise left so as to eliminate hazards to humans or animals.
(7) Abandoned affected lands shall be topped to the extent that such overburden is reasonably available from the pit, with that type of overburden which is conducive to the control of erosion or the growth of the vegetation which the operator elects to plant thereon.
(8) The operator shall conduct revegetation activities on the mined areas, overburden piles, and abandoned roads in accordance with the provisions of this act.
(9) Tailings ponds shall be reasonably prepared in such a condition that they will not constitute a hazard to human or animal life.
(b) The board may request, in writing, that a given road or portion thereof not be cross-ditched or revegetated, and upon such request, the operator shall be excused from performing such activities as to such road or portion thereof.
(c) Every operator who conducts exploration or surface mining operations which disturb less than two (2) acres within the state of Idaho shall, wherever possible, contour the lands so disturbed to approximate the previous contour of the lands.
(d) The operator and board may agree, in writing, to do any act with respect to reclamation above and beyond the requirements herein set forth.
History:
[47-1509, added 1971, ch. 206, sec. 9, p. 898; am. 1973, ch. 180, sec. 4, p. 415; am. 2016, ch. 22, sec. 1, p. 28.]
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