15 CAR § 231-301 – Performance standards generally

(a) Every operator to whom a permit is issued pursuant to the provisions of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and this part may engage in open-cut mining during the permit term on the area described in the permit upon the performance of and subject to the listed requirements in 15 CAR § 231-302 with respect to the permitted area.
(b) In-stream mining.
1. (1) Removal of alluvial materials below the ordinary high-water mark of a stream or other waterway shall be permitted only if an operator demonstrates to the satisfaction of the Division of Environmental Quality that activities associated with the removal, processing, or transport of said materials will:
  1. (A) Not cause a violation of the state’s water quality standards;
  2. (B) Provide for preservation of bank stability and stream channel integrity; and
  3. (C) Maintain localized in-stream fish cover.
2. (2) In addition to compliance with the applicable requirements of The Arkansas Open-Cut Land Reclamation Act, Arkansas Code § 15-57-301 et seq., and other provisions of this part, compliance with the performance standards listed in 15 CAR § 231-303 is required for in-stream mining operations.
(c) Throughout the performance of any permitted mining activities, the operator must:
1. (1) Implement measures approved in the operator’s mining and reclamation plan to ensure that the affected area does not contribute sediment to the stream; and
2. (2) Restrict access to the site to enhance stream recovery.
(d) Any permitted operator must notify the division in the case of:
1. (1) Insolvency;
2. (2) Bankruptcy; or
3. (3) Receivership.