Rule 391-3-3-.05 - Mining Land Use Plan(1)Plan Submittal. Each surface mining operator, prior to being issued a permit to engage in surface mining, shall submit a Mining Land Use Plan that is acceptable to the Division and which meets the requirements of the Act and Rules, including provisions for protection of the environment and resources of the State and reclamation of affected lands in a reasonable period of time. Operators will submit an original and two (2) copies of an application and Mining Land Use Plan on forms provided by the Division, along with all engineering drawings, specifications, maps or other attachments as necessary.(2)Preparation of Plan. Mining Land Use Plans will be prepared as to form and content in a manner acceptable to the Division and will comply with the rules and regulations. The plan will contain a specific plan of action, being based on sound engineering and conservation principles, for accomplishing the operator's reclamation objective and for protection of adjacent watersheds from effects of erosion and siltation. The Mining Land Use Plan shall be consistent with land use in the area of the mine. The Mining Land Use Plan shall include, but not be limited to, a description of the company; the minerals or materials to be mined; mining methods; lands and community to be affected; reclamation objective; estimated schedule of mining advancement; schedule of reclamation, including time to accomplish reclamation; affected acreage; natural drainage and water disposal; provisions for erosion and siltation control, including adequate measures to control erosion on the periphery of affected land where mining ceases or becomes inactive; protection of contiguous natural and other resources, including properties on the National Register of Historic Places; topsoil use; overburden (spoil) or refuse disposal placement or use; backfilling; highwall reduction, grading and sloping; lake development; site cleanup; and revegetation of reclaimed lands.(3)National Register of Historic Places. Adverse effects on historic places include, but are not limited to, the following: physical destruction, damage or alteration of all or part of the property; isolation of the property from or alteration of the character of the property's setting when that character contributes to the property's qualification for the National Register; introduction of visual, audible or atmospheric elements that are out of character with the property or alter its setting.(4)Amended Mining Land Use Plan. If it is determined to be desirable to vary from an approved Mining Land Use Plan, any changes in the Plan must be submitted in writing to the Division for approval as an amendment to the original Plan prior to changing or varying from such Plan. Amended Plans submitted by the operator will be complete in all details necessary to correctly show the operator's new plan of action and will show by map all lands to be affected and reclaimed.(5)Disapproval of Plan. Mining Land Use Plans submitted by mining operators that are not prepared in a manner acceptable to the Division and that do not contain the required supporting documents and maps will be disapproved. In the event an operation has submitted a Mining Land Use Plan for approval that is not acceptable to the Division, the Plan shall be disapproved. The operator will be advised of the various elements of the Plan that are not acceptable, and the operator's disapproved Plan will be returned to the operator for revision and resubmission. It is the operator's responsibility to provide a properly prepared, acceptable and sufficient Mining Land Use Plan that will provide for the protection of the environment in the development and operation of the site and reclamation of mined lands.Ga. Comp. R. & Regs. R. 391-3-3-.05
Ga. L. 1968, p. 9, et. seq., as amended; Ga. L. 1972, p. 1015 as amended; Ga. L. 1992, p. 1098, et. seq., as amended.
Original Rule was filed on September 6, 1973; effective September 26, 1973.Amended: Original Rule entitled "Mined Land Use Plans" repealed and a new Rule entitled "Mined Land Use Plan" adopted. Filed October 23, 1974; effective November 12, 1974.Amended: Filed July 19, 1976; effective August 8, 1976.Amended: Rule retitled: "Mining Land Use Plan". F. Jul. 23, 1992; eff. Aug. 12, 1992.