49-611. Same; conduct and activities required after completion of mining operations; release of bond or security.

49-611

Chapter 49.--MINES AND MINING
Article 6.--SURFACE-MINING LAND CONSERVATION AND RECLAMATION

      49-611.   Same; conduct and activities required after completion of miningoperations; release of bond or security.(a) An operator authorized under this act to operate a mine, aftercompletion of mining operations and within the time specified in K.S.A. 49-613,shall:

      (1)   Grade affected lands except for impoundments and pit floors to slopes nosteeper than one foot verticalrise for each three feet of horizontal distance. Where the original topographyof the affected land was steeper than one foot of vertical rise for each threefeet of horizontal distance, the affected lands may be graded to blend with thesurrounding terrain. The grading of high banks of sand pits and highwalls maybe modified orexempted by the director.

      (2)   Provide for the vegetation of the affected lands, except forimpoundments, pit floors, and highwalls, as approved by the director before therelease of the bond as provided in K.S.A. 49-616.

      (b)   Notwithstanding subsection (a), overburden piles where disposition hasnot occurred or will not occur for a period of 12 months shall be stabilized.

      (c)   Topsoil that is a part of overburden shall not be buried or destroyed inthe process of mining.

      (d)   The director, with concurrence of the commission, may grant avariance from the requirements of subsections (a) and (b).

      (e)   A bond or security posted under this act to assure reclamation ofaffected lands shall not be released until all reclamation work required bythis section has been performed in accordance with the provisions of this act,except when a replacement bond or security is posted by a new operator orresponsibility is transferred under K.S.A. 49-610.

      History:   L. 1994, ch. 197, § 11; July 1.