If the instrument of consultation required by § 45-6B-12 cannot be obtained, the operator may request a hearing before the Board of Minerals and Environment. The board shall issue an order in lieu of the instrument of consultation if it finds:

1. (1) That the operating and reclamation plans have been submitted to the surface landowner as provided in § 45-6B-12;
2. (2) That the operating and reclamation plans detail the full proposed surface use, including proposed routes of ingress and egress; and
3. (3) The planned reclamation will restore the surface land to future use, in segments if circumstances permit, as soon as feasibly possible.

Source: SL 1982, ch 305 , § 13.