Mining and reclamation plan.

85-04-02-10. Mining and reclamation plan. 1. Prior to issuance of a construction aggregate lease, the department, in consultation with the lessee, shall develop a mining and reclamation plan for the commissioner's approval. Mining must not begin on the construction aggregate leased premises unless the mining and reclamation plan is approved by the commissioner and a lease is issued. 2. The intent of the reclamation plan is to reclaim the construction aggregate leased premises to its previous potential use and productivity. 4 3. The commissioner may terminate the construction aggregate lease if the lessee fails to comply with the reclamation plan. 4. The reclamation plan must include: a. Details describing the construction aggregate mining operation in relation to the construction aggregate deposit and a plan for reclamation after the construction aggregate has been removed. b. The leveling of the disturbed surface at the close of the construction aggregate mining operations to as close to its original contour as is reasonably possible taking into consideration the amount of construction aggregate removed. c. Details for the preservation and respreading of topsoil, and the revegetation of the surface with appropriate flora. 5. Special reclamation plans for the propagation of wildlife habitat, the creation of a nature preserve, or other alternate land use may be required by the commissioner, provided the costs of such reclamation do not unreasonably increase the cost of reclamation. History: Effective January 1, 2020; amended effective April 1, 2026. General Authority: NDCC 15-01-02, 15-05-18 Law Implemented: NDCC 15-05-18