74:29:06:02General requirements

for determination of reclamation type. For all reclamation types the applicant must present a management plan for the purpose of determining the reclamation type that does the following: (1) Demonstrates that the affected land has the capability of meeting reclamation criteria in chapter 74:29:07; (2) Demonstrates that the postmining land use is compatible with surrounding land uses; (3) Details support and maintenance activities required for successful implementation; and (4) Includes assurance that the proposed postmining land use meets the following requirements: (a) Is obtainable according to data on expected need and market; (b) Is supported by commitments from public agencies where appropriate; (c) Is practicable on the basis of private financial capability for completion of the proposed operation; (d) Is planned pursuant to a schedule attached to the reclamation plan that integrates the mining operation and reclamation with the postmining land use; (e) Is consistent with existing state and local land use plans and programs; and (f) Is of a beneficial use.

Source: 14 SDR 111, effective March 3, 1988.