Section 15-57-409 - Reclamation of land at exhausted quarry site(a) When the quarry is exhausted, the planned reclamation of all affected lands at the quarry site will be completed by the operator, his or her subcontractor, or by the Division of Environmental Quality once the bond has been forfeited.(b)(1) The minimum reclaimed condition of the exhausted quarry will be as a lake, pasture, timberland, or wetlands, or a combination thereof. Where preaffected lands consist of natural rock outcrops, floors, walls, and ledges, where no topsoil or minimal spoil exists, post-reclaimed land of approximately the same area may be left for self-revegetation within the total affected land to be reclaimed. Acreage of the preaffected lands will be calculated to the nearest acre. Exhausted highwalls and safety benches may be left for self-reclamation.(2) All equipment, tools, man-made structures, and debris will be removed from affected lands or disposed of on property in a safe manner by mutual agreement between the operator and the landowner. The agreement will be on file at the operator's offices and sent to the division with notification of exhausted quarry.(3) If uncovered spoil, earth, or rock formations cause acidic drainage, all acid-forming materials will be covered with at least three feet (3') of spoil and available topsoil, with topsoil in the top one foot (1'), and seeded as required by this subchapter.(4) Available topsoil and spoil removed during quarrying will be stockpiled for use during reclamation. If either material is not available in quantities necessary for reclamation, then priority will be given to areas with acid-forming materials in subdivision (b)(3) of this section. If contemporaneous reclamation is ongoing, then the operator may reclaim in areas of his or her own discretion. Thickness of spoil may be varied, but in no case will the combined thickness be less than six inches (6"). Spoil and topsoil which are surplus to full reclamation may be disposed of at the discretion of the operator. No topsoil or dirt is required to be hauled from another location to the quarry site.(5) Lime, fertilizer, and seeding will be completed as necessary to sustain growth over seventy-five percent (75%) of the affected area or a complete reseeding of bald spots will be required.(6) If revegetation during reclamation is to be accomplished by planting of trees, the planting guideline of the Arkansas Forestry Commission shall be complied with. A fifty-percent coverage is required after two (2) years. Otherwise, bald spots will be replanted.(7) All erosion control will be covered under the operator's stormwater pollution prevention plan.(8) Site process water quality, storage, handling, and discharge will be covered under the operator's National Pollutant Discharge Elimination System permit.(9) Quarry site reclamation must be completed through the first seeding within one (1) year for quarry sites of less than fifty (50) acres, within two (2) years for quarry sites of more than fifty (50) acres and less than one hundred (100) acres, and within three (3) years for quarry sites of more than one hundred (100) acres and less than two hundred (200) acres. This time requirement for sites larger than two hundred (200) acres may be modified, at the discretion of the division, upon agreement with the operator.(10) If an operator fails to begin reclamation during the first six (6) months after a quarry is exhausted, the division will notify the operator by citation of the above violation. If an operator then fails to begin reclamation within sixty (60) days after receiving the notification, the division may then issue a second citation. The second citation will be accompanied by a fine of not more than fifty dollars ($50.00) per day until reclamation begins. If an operator's reclamation effort does not begin within sixty (60) days of the second citation and the fine is in force for that period, then the division will notify the operator that the operation is in default. The division will then use the proceeds of the operator's forfeited bond to have the quarry site reclaimed as per the reclamation plan.Amended by Act 2019, No. 910,§ 3128, eff. 7/1/2019.Amended by Act 2019, No. 910,§ 3127, eff. 7/1/2019.Amended by Act 2019, No. 910,§ 3126, eff. 7/1/2019.Acts 1997, No. 1166, § 9.