1. (1) Public Safety and Welfare - The operator shall minimize hazards to the public safety and welfare during operations. Methods to minimize hazards shall, at a minimum, include:

   1. (a) The closing or guarding of shafts and tunnels to prevent unauthorized or accidental entry in accordance with MSHA regulations;
   2. (b) The disposal of trash, scrap metal and wood, and extraneous debris;
   3. (c) The plugging or capping of drill, core, or other exploratory holes as set forth in Section R647-4-108;
   4. (d) The posting of appropriate warning signs in locations where public access to operations is readily available;
   5. (e) The construction of berms, fences and barriers above highwalls or other excavations when required by the division.
2. (2) Drainages - If natural channels are to be affected by the mining operation, then the operator shall take appropriate measures to avoid or minimize environmental damage.
3. (3) Erosion Control - Operations shall be conducted in a manner such that sediment from disturbed areas is adequately controlled. The degree of erosion control shall be appropriate for the site-specific and regional conditions of topography, soil, drainage, water quality or other characteristics.
4. (4) Deleterious Materials - Any deleterious or potentially deleterious material shall be safely removed from the site or kept in an isolated or neutralized condition such that adverse environmental effects are eliminated or controlled.
5. (5) Soils - Suitable soil material shall be removed and stored in a stable condition where practical so as to be available for reclamation.

6. (6) Boundary Markers. For mining operations with bonded area under 160 acres, unless otherwise approved in writing by the division, the operation will clearly mark on the ground any areas, including access roads to be improved or constructed, that are covered by the reclamation surety. The operator will maintain the markings as required by this rule. Boundary and road markers must be placed so that no less than two consecutive markers are readily visible in any direction from any point on a line. The following requirements apply to marking boundaries of areas covered by the reclamation surety:

   1. (a) Markers must be in place before any surface or subsurface disturbance in the area covered by the reclamation surety;
   2. (b) Markers must be durable stout steel, wood, or similar quality posts and painted or flagged to be readily visible, except that a prominent, permanent feature such as a pole, tree, or large rock, flagged or painted, may serve as a marker;
   3. (c) Each boundary marker must be maintained in place and readily visible until the area covered by the reclamation surety is fully reclaimed and the reclamation surety for that area is released;

   4. (d) The following areas and features must be marked according to this rule:

      1. (i) The area shown on the map that depicts the area to be covered by the reclamation surety of the proposed notice of intention or revision;
      2. (ii) Before submission of an application for bond release, areas that are the subject of an application for partial bond release or full bond release; and
      3. (iii) Proposed permitted access roads to be improved or constructed.
   5. (e) This requirement is to be applied retroactively to all mining operations with bonded area under 160 acres.
7. (7) Concurrent Reclamation - During operations, disturbed areas shall be reclaimed when no longer needed, except to the extent necessary to preserve evidence of mineralization for proof of discovery. Areas which have been disturbed but are not routinely or currently utilized shall be kept in a safe, environmentally stable condition.

During operations, the operator shall conform to the following practices unless the division grants a variance in writing:

KEY: minerals reclamation

Date of Last Change: August 27, 2025

Notice of Continuation: April 27, 2023

Authorizing, and Implemented or Interpreted Law: 40-8-1 et seq.