(A) Except as modified or waived in the permit granted to the operator by the Commissioners, the operator must meet the following requirements with respect to:
(1) The reclamation of the land where the surface mining is allowed:
(a) All ridges and end peaks of overburden created by surface mining within 100 feet of a public road, street or highway must be graded to a rolling topography traversable by machines necessary for maintenance in accordance with planned use. However, the slopes do not need to be reduced to less than the original grade of that area prior to mining.
(b) On land that is planned to be reforested, the operator shall level all ridges and peaks overburdened to a minimum width of 20 feet at the top.
(c) On land that is planned to be seeded into pasture, the operator shall level all ridges and peaks of overburden to a minimum width of 20 feet at the top;
(d) On land that is planned to be used for agricultural crops, including hay and orchards, the operator shall grade the peaks and ridges of overburden in a manner that will allow the area to be traversed with farm machinery reasonably necessary for the use;
(e) On land that is planned to be used to create a lake, the operator may construct lakes provided:
1. Any dams that may be created are certified by an engineer licensed in the state;
2. The formation of the lake will not interfere with other mining operations; and
3. The formation of the lake will not damage adjoining property.
(f) The operator shall reclaim a mineral seam where acid-forming materials are present by covering the exposed face of to a depth of at least four feet with soil that will support plant life.
(2) The land where the surface mining is allowed:
(a) Surface mining operations that remove and do not replace the lateral support may not, unless mutually agreed upon in writing by the adjacent property owner, remove the lateral support in the vicinity of a property line or right-of-way line of a public road closer than a distance equal to 30 feet plus one and one-half times the depth of the excavation from the property line or right-of-way line;
(b) Unless mutually agreed in writing by the adjacent property owner, the operator must maintain a greenbelt area adjacent to the property line or right-of-way line of a public road. The greenbelt area must be at least 20 feet wide and use grass, shrubs and trees that are capable of surviving the local climate. The greenbelt must be designed to contain dust and debris, minimize noise pollution, and prevent environmental hazards that may result from surface mining activities, transportation of natural deposits and other related activities.
(B) The operator shall submit to the Commissioners, not more than 21 days after the end of the permit year, a map that contains the following information:
(1) Location of the pin or pits by section, township and range;
(2) The operator’s name and permit number;
(3) A description of the land that the operator has conducted surface mining during the permit year;
(4) A description of the land that the operator has completed surface mining operations on during the permit year; and
(5) A legend showing the number of acres affected.
(C) An operator must submit to the Commissioners and County Surveyor an annual report that reflects the status of the operator’s mining and reclamation activities for each permit.
(BC Ord. 1995-14, passed 10-23-1995)