N.Y. Comp. Codes R. & Regs. tit. 6 § 422.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 422.1 - General provisions

(a) Every applicant for a mining permit shall submit to the department a mined land-use plan which shall set forth in detail an outline of the mining property and the affected land, the applicant's mining plan and the applicant's reclamation plan. After the department has issued a mining permit, the permittee shall not deviate or depart from the mined land-use plan without approval by the department of an alteration or amendment thereto.

(b) The applicant's mining and reclamation plans shall describe the mining method, as designated by the applicant on the basis of current or anticipated mining practices, and the reclamation method, having as its objective the preparation of the affected land for a future productive use. The proposed method of operating a mine and the method of reclaiming the affected land to achieve the applicant's land-use objective shall be compatible with the sound environmental management practices. To this end the mining and reclamation plans shall be consistent with the purposes and policies as set forth in section 420.2 of this Title.

(c) The mined land-use plan shall be presented in a combination of graphic (map) and written (text or narrative) form. The information to be presented in graphic form shall be submitted on a United States geological survey 7 1/2- minute quadrangle sheet (unless unmapped at that base in which case a 15-minute sheet will suffice) which has been enlarged to the required scale as described in this section. An equivalent map, prepared on the required scale, may be utilized in lieu of a quadrangle sheet. The equivalent map, if utilized, shall be prepared by an engineer, geologist, licensed land surveyor or other person trained in such plan and map preparation. Vertical aerial photographs or maps prepared on an aerial photo base may also be utilized when presenting information in graphic form. The department reserves the right to reject aerial photographs on the basis of their being out of date, of poor quality, of improper scale or for other reasons which render them unsatisfactory for the required purpose. All maps and photographs shall be presented with a horizontal scale not to exceed one inch equals 660 feet. Contour intervals and/or cross sections shall be as prescribed by the department. Overlays may be submitted in conjunction with either maps or photographs to illustrate any of the required information. The maps and photographs shall be prepared in a neat, legible manner and shall include a title block and legend containing the following information:

(1) the name of the mine;

(2) the county and town in which the mine is located;

(3) the name of the U.S.G.S. quadrangle sheet on which the mine location is shown;

(4) the scale, contour interval, where required, a north arrow and a reference datum;

(5) the location of the groundwater table where such information is available;

(6) the name of the person responsible for the preparation of the maps and/or photographs; and

(7) the date of preparation.

(d) An applicant proposing to conduct a mining operation in conjunction with a Department of Transportation contract, in accordance with the requirements of said agency's contract documents and specifications, may submit a copy of the contract agreement to the department in lieu of a mined land-use plan. If a mining permit is issued, the contract documents and specifications shall satisfy the requirements of this Part and shall be enforceable as such. The department will monitor the mining operation in cooperation with the engineer-in-charge to insure conformance with title 27 and this Subchapter.

(e) Before taking action on the application, the department may require additional information, explanation, documents, maps or photographs, where deemed necessary or appropriate to achieve the policies, objectives or requirements of title 27 and this Subchapter.

(f) The department may modify any of the substantive requirements of this Part upon a showing by the applicant that the proposed modification will achieve the same degree of environmental protection as would be achieved by compliance with the provision for which modification is requested. Requests for modification must be in writing in the original application, renewal application or by amendment.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 422.1