181-6. Reclamation
(a) Prior to the commencement of any strip mining the operator shall submit to the board of land and natural resources a plan, which must be approved in writing, or approved as amended, which plan shall include, inter alia, a contour basis for the mining operations, the depth to which and the direction in which the operations are proposed to be conducted, the proposed disposition of boulders and tailings, and provisions for the stripping, storage, and, if required, the replacement of the topsoil. The operator shall have the right of appeal as provided by section 181-8 for any decision, order, or action of the board in respect of such plan.
(b) As soon as practicable following the
completion or abandonment of strip mining of any pit or of such portion thereof
as may be specified in the plan, the operator shall submit to the board a
proposal for the reclamation thereof. A pit shall be deemed abandoned if
mining operations with respect thereto shall not have been resumed on a
substantial scale following six months cessation of operations. The proposal
shall require the operator to:
(1) Strike off peaks and ridges and fill in deep
depressions created or left by the mining operations and grade the surface of
the pit to contour which will minimize erosion and be suitable for planting as
provided in this section.
(2) Dispose of all debris, rubble, and tailings in
such manner as to enhance the contour of the pit or to provide erosion and
drainage control in adjacent areas.
(3) Provide such drains, ditches, and outlets as may
be necessary to prevent the accumulation of water in the pit and to remove
water from the pit in such a way as to minimize erosion of the pit and the
surrounding land.
(4) Utilize the overburden removed from the surface
of the pit in such manner as best to recondition or reclaim the mined area, or
the area where the tailings have been disposed, if in an area other than the
pit.
(5) Provide a reasonable means of access to the pit.
(6) Revegetate or rehabilitate the pit, which shall
include, inter alia, provisions for:
(A) Replacing the topsoil, if required;
(B) Liming, if mining produces deleterious
changes in soil acidity from the original soil condition of the area, or if
needed for the establishment of satisfactory fertility under subparagraph (C)
hereafter;
(C) Applying fertilizer to reestablish
satisfactory fertility and crop production in soils of areas cultivated to
agricultural crops prior to the inception of mining, and, in areas used for
grazing or forest prior to the inception of mining, fertilizer to provide a
grass forage cover suitable for an annual carrying capacity of not less than
one head of cattle for each three acres;
(D) Planting in all instances a cover crop of
good pasture grass to stabilize the exposed surface and to minimize erosion,
unless immediate crop production shall be affected, or unless relieved
therefrom by the board in writing. In pits intended for restoration to forest,
rehabilitation shall include a quick cover crop followed by forest plantings,
respecting which the board shall advise on types, availability, and spacing of
species to be planted;
(E) Achieving, where possible, as a minimum
goal of restoration, comparable fertility and use of land to that existing
prior to strip mining.
If in the judgment of the board the aforesaid
proposal is reasonable and meets the requirements of this section, the board
shall approve the proposal; if not, it shall notify the operator of the reasons
for its disapproval in writing. The operator shall thereupon submit an amended
proposal. If the board disapproves of the amended proposal, the operator may
appeal the action to the circuit environmental court in accordance with section
181-8; otherwise, the operator shall submit another amended proposal until
approval is obtained. Upon approval being obtained, or the issuance of an
order in the event of an appeal, the operator shall commence work under the
reclamation proposal and shall prosecute the work required thereunder with
reasonable diligence and effect reclamation within a period of two years next
following the approval or issuance of the order, unless the time is extended by
the board. The operator shall notify the board upon completion of reclamation,
whereupon an inspection shall be made of the pit by the board and a
determination made of the satisfactory performance by the operator of the
proposal. In the event that the proposal and this chapter has been complied
with, the board shall take such action as is required under sections 181-5 and
181-7. In the event that the performance shall not be satisfactory, the board
shall serve upon the operator written directions for additional performance,
and unless an appeal is taken therefrom under section 181-8, the operator shall
forthwith comply with the directions.
(c) At the completion of each year, and at the
time the operator makes application to the board for a renewal of the
operator's permit under section 181-4, the operator shall submit in duplicate
to the board a map in a form approved by the board, setting forth such
description as will identify the land from which the operator removed any
mineral by strip mining during the preceding permit year, with a legend upon
the map showing the number of acres affected and the extent that the topography
has been disturbed by the mining. The accuracy of the map may be checked by
the board and if found to be erroneous, it shall be corrected by the operator
prior to the issuance of a renewal permit.
[L 1957, c 161, §7; am L 1959, c 20,
§6; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §98C-7; HRS §181-6;
gen ch 1985; am L 2014, c 218, §8]
