N.Y. Environmental Conservation Law § 23-2713: Mined land-use plan

§ 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.