SECTION 155:15-1-7. Reclamation project evaluation

  Proposed reclamation projects and completed reclamation work shall be evaluated in terms of the factors stated in this Section. This evaluation will be undertaken by the Commission. The factors shall be used to determine whether or not proposed reclamation will be undertaken and to assign priorities to proposals intended to meet the objectives in terms of factors set forth below as a means of identifying conditions that should be avoided, corrected, or improved in plans for future reclamation work. The factors shall include:

(1)   The need for reclamation work to accomplish one or more specific reclamation objectives.

(2)   The availability of technology to accomplish the reclamation work with reasonable assurance of success. In the case of research and demonstration projects, the research capability and plans shall provide reasonable assurance of beneficial results without residual adverse impacts.

(3)   The specific benefits to be considered when evaluating reclamation projects shall include but are not limited to the reclamation objectives and priorities in 155:15-1-6.

(4)   The acceptability of any additional adverse impacts to people or the environment that will occur during or after reclamation and of uncorrected conditions, if any, that will continue to exist after reclamation.

(5)   The costs of reclamation. Consideration shall be given to both the economy and efficiency of the reclamation work and to the results obtained or expected as a result of reclamation.

(6)   The availability of additional coal or other mineral or material resources within the project area that:

(A)   Indicates a reasonable probability that the desired reclamation will be accomplished during the process of future mining.

(B)   Requires special consideration to ensure that the resource is not lost as a result of reclamation and that the benefits of reclamation are not negated by subsequent, essential resource recovery operations.

(7)   The acceptability of postreclamation land uses in terms of compatibility with land uses in the surrounding area, consistency with applicable State, regional, and local land use plans and laws, and the needs and desires of the community in which the project is located.

(8)   The probability of post reclamation management, maintenance, and control of the area consistent with the reclamation completed.

[Source: Amended at 27 Ok Reg 2473, eff 8-2-10]