- (a) A reclamation plan to return all affected land at the proposed mine site to a useful purpose must be submitted by the applicant.
- (b) Stream channel operators must comply with the reclamation requirements of 15 CAR § 231-301(b) and the applicable requirements of this section.
- (c) The applicant shall state the intended post-mining use of all affected land.
(d) The reclamation plan shall include:
- (1) A detailed description of the plans for contemporaneous reclamation as part of the incremental mining plan set forth under the conditions of 15 CAR § 231-208(d)(5);
(2)
- (A) A minimum of:
(i) Two (2) cross-sections of the permit area before mining; and
(ii) Two (2) cross-sections of the same area as anticipated upon completion of the proposed reclamation.
- (B) Cross-sections shall be tied to established elevations in the applicant’s survey submitted along with the applicant’s site map;
- (3) A reclamation map which shows the planned reclamation goal on all of the permit area;
(4)
- (A) A plan for the final contour of all reclaimed land.
(B) The following criteria apply to such plan:
- (i)
- (a) (a) If the original slope of the affected land was less steep than one (1) vertical to three (3) horizontal (1:3), then no final slope shall be steeper than one (1) vertical to three (3) horizontal (1:3).
(b) (b) If a pond is to be left, the banks must be graded at one (1) vertical to three (3) horizontal (1:3) to a point below the water surface at the annual low water level that will allow safe ingress and egress.
(c) (c) Beyond this point the normal angle of repose for the material being used may be acceptable, provided it will provide adequate lateral support for the one (1) vertical to three (3) horizontal (1:3) slope preceding it;
(ii) If the original slope of the affected land was steeper than one (1) vertical to three (3) horizontal (1:3), the Division of Environmental Quality may approve a final slope steeper than one (1) vertical to three (3) horizontal (1:3);
- (iii) If the material in which excavation is occurring is unconsolidated, in that it is lacking sufficient hardness or ability to resist weathering and inhibit erosion or sloughing, the division may approve a final slope of approximate original contour, provided the operator can ensure the integrity of this slope; and
- (iv) If the material in which excavation is occurring is consolidated, in that it is of sufficient hardness or ability to resist weathering and inhibit erosion or sloughing, the division may approve a slope deviation involving terracing, provided the reclamation plan meets the criteria as follows:
- (a) (a) Final slope of a reclaimed highwall must be approved by the division as part of the written reclamation plan;
(b) (b) The top of excavation is to be fenced;
(c) (c) The uppermost terrace is to be no more than ten feet (10’) below top of excavation;
- (d) (d) The remainder of a highwall must be terraced with no terrace face greater than twenty feet (20’) in height;
- (e) (e) The terrace widths are no less than ten feet (10’); and
(f) (f) Each terrace is to be revegetated with trees or other approved vegetative cover;
(5)
(A)
- (i) Methods used to ensure the proper pH of any water impoundments to be left as part of the reclamation.
- (ii) The impoundments must have a pH no less than six (6) or no greater than nine (9).
(B) The methods used to ensure the proper pH range shall include:
- (i) The procedure for any water treatment;
- (ii) The design and maintenance of any diversion berms needed to channel water, which are depicted on the site map;
- (iii) In the event other naturally occurring water bodies in the area of the permit possess pH levels outside the six (6) to nine (9) pH range, and which levels are not caused by human influence, then a similar pH level may be accepted by the division; and
- (iv) The division may accept a deviation from the six (6) to nine (9) pH range due to water runoff from outside the affected area if the influent cannot be avoided through prior planning or sound engineering practice;
- (6) A plan to cover all acid-forming materials that become exposed with earth or spoil materials to a depth of not less than three feet (3’), or an alternative approved by the division;
(7)
- (A) The location of any proposed fire lanes must be shown on the reclamation map, in the event reforestation is to be used as part of the reclamation.
- (B) Fire lanes of not less than ten feet (10’) in width must be constructed unless otherwise approved by the division;
(8)
- (A) A list of the varieties and applicable seeding rate that will be used must be included with the reclamation plan.
- (B) The applicant shall obtain recommendations on plant varieties and seeding rates based on the intended use of the land from state and federal agricultural or forestry agencies;
- (9) Plans for reuse of salvaged topsoil, including the locations where and depth at which topsoil is to be spread; and
(10)
- (A) A schedule for completion of the reclamation.
- (B) If the operator fails to meet the completion date, the permit may, in the discretion of the division, be extended in one-year increments from the termination of the permit.
- (C) In the event that the applicant does not comply with its schedule of reclamation after no more than three (3) extensions have been granted, the bond or substituted security posted for such unsatisfactorily reclaimed land shall be forfeited.
- (e) Reclamation using only trees must be in accordance with the planting guidelines of the Arkansas Department of Agriculture, Forestry Division and include provisions for erosion control.
(f) Successful revegetation will be measured as follows:
- (1) Land reclaimed with grasses, etc., must attain a seventy percent (70%) coverage, such that any randomly selected twenty-four inch (24”) diameter circle of vegetation must have no less than seventy percent (70%) coverage; or
- (2) Land reclaimed with trees must have no less than fifty percent (50%) survival rate after two (2) growing seasons.
(g)
- (1) All equipment on site must be removed.
- (2) Permanent structures may remain provided they serve a useful purpose and upon approval by the division.
(h)
- (1) The results of the soil analysis made when the site slope is in condition for vegetating.
- (2) A soil analysis shall be made as a basis for soil amendments, such as lime, fertilizer, or secondary micronutrients needed to support the growth of the vegetation species to be planted.
(3) Laboratory analysis shall be obtained from:
- (A) The University of Arkansas Cooperative Extension Service office; or
- (B) Any other public or private organization or person approved by the division.