Section 23-2713. Mined land-use plan

1. All mining and reclamation activities on the affected land shall be
  conducted  in  accordance  with  an  approved  mined  land-use plan. The
  approved mined land-use plan shall  consist  of  both  a  mining  and  a
  reclamation  plan,  and any other information which the department deems
  necessary in order to achieve the purposes of this title.
    (a) The mining plan shall consist of a written and graphic description
  of the proposed mining operation, including the boundaries of  the  land
  controlled  by  the applicant, the outline of potential affected acreage
  and the general sequence of areas to be mined through successive  permit
  terms.  The  graphic  description shall include the location of the mine
  and shall identify the  land  affected  by  mining  after  April  first,
  nineteen  hundred  seventy-five,  including  but not limited to areas of
  excavation; areas of overburden, tailings, and spoil; areas  of  topsoil
  and  mineral  stock piles; processing plant areas; haulageways; shipping
  and storage areas; drainage features and water impoundments. The written
  description of the plan shall include the applicant's mining method  and
  measures to be taken to minimize adverse environmental impacts resulting
  from the mining operation.
    (b)  The  reclamation  plan  shall  consist  of  a graphic and written
  description of the proposed reclamation. The graphic  description  shall
  include  maps  and  cross  sections  which illustrate the final physical
  state of the reclaimed land. The written description of the  plan  shall
  describe the manner in which the affected land is to be reclaimed, and a
  schedule for performing such reclamation.
    (c)  A  draft  environmental  impact  statement  prepared  pursuant to
  article eight of this chapter may  be  submitted  in  lieu  of  a  mined
  land-use  plan  if  the  department  determines  that it conforms to the
  requirements of this section and the rules and  regulations  promulgated
  pursuant thereto.
    (d) The department may, after notice and an opportunity for a hearing,
  impose a reclamation plan in the absence of an approved reclamation plan
  or  upon  a  finding  of  noncompliance  with  or failure of an approved
  reclamation plan.
    2. The  reclamation  of  all  affected  land  shall  be  completed  in
  accordance  with  the  schedule contained in the approved mined land-use
  plan pertaining thereto. The schedule, where possible, shall provide for
  orderly, continuing reclamation concurrent with  mining.  The  permittee
  shall  submit to the department a notice of termination of mining within
  thirty days after such termination. Reclamation  of  the  affected  land
  shall  be completed within a two year period after mining is terminated,
  as determined by the department, unless the department deems it  in  the
  best  interest  of  the people of the state to allow a longer period for
  reclamation. The permittee shall submit to the department  a  notice  of
  completion  of reclamation within thirty days of such completion. If the
  department fails to approve or disapprove the  adequacy  of  reclamation
  within  ninety  days  after  receipt  of  the  notice  of  completion of
  reclamation, the permittee may notify the department of such failure  by
  means  of  certified  mail  return  receipt  requested  addressed to the
  commissioner. If within thirty days after receipt of  such  notice,  the
  department  fails to mail a decision, the permittee shall be relieved of
  the obligation to maintain financial security in respect to reclamation;
  provided, however, nothing herein shall relieve  the  permittee  of  the
  obligation  to accomplish adequate reclamation. The permittee shall file
  periodic  reports  at  such  times  as  the  department  shall  require,
  indicating   areas   for  which  reclamation  has  been  completed.  The
  department shall inspect such areas and notify the permittee whether the

  reclamation is in accordance with the approved plan or whether there are
  deficiencies that must be corrected.