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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 460. Department of Mines |
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Chapter 10. Non-Coal Rules and Regulations |
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Subchapter 13. Non-Coal Mining Permit Applications Requirements for Information on Environmental Resources |
SECTION 460:10-13-4. Operational requirements
Latest version.
- (a) In addition to the requirements listed in this Chapter and those requirements within 45 O.S. Section 721 et seq., applicants for non-coal mining permits, applied for on or after August 1, 2001, in Outstanding resources waters, High quality waters, and scenic river areas must submit and satisfy the following:(1) Prior to permit issuance, applicants must submit approved copies of other state, federal, and local government permits or licenses that pertain to the site. These permits shall include but are not limited to, storm water permits, an approved pollution prevention plan, permits issued in compliance with Section 404 and 401 of the Clean Water Act as well as Nation Pollutant Discharge Elimination System permits and stream water use permits, flood plain permits, and copies of notifications sent to the state andfederal fish and wildlife agencies.(2) Gravel removal from, and stockpiling on, either scenic river beds or river banks must be approved by the Department and must not violate state water quality or environmental laws.(3) Applicants are prohibited from mining in, or driving vehicles into; the wetted portion of the river bed.(4) Applicants are prohibited from changing the course of the river at any time.(5) A minimum 100-foot border of natural vegetation between the water's edge and any plant site on the permitted area shall be left undisturbed subject to the operator's right to normal access to the stream. When the materials extracted are not processed after removal and no plant is located on the property, the operator shall take all necessary precautions to preserve the integrity of the stream bank.(b) The Department of Public Transportation may be contacted in reference to setback requirements from bridges, railroad trestles and other structures for in-stream mining activities.(c) Where appropriate, Best Management Practices, such as sediment traps and sediment fences shall be installed and maintained to minimize the amount of sediment and spoil returning to the stream.(d) A closure plan shall be submitted for review and approval at least 90 days prior to commencing closure operation of the site. The plan shall include the following information:(1) Name and forwarding address of the operating authority completing the closure procedures;(2) A schedule of closure activities;(3) Site Plan;(4) Disposition of any waste materials;(5) Schedule of steps taken to achieve vegetative stabilization of the site;(6) Any approved reclamation plan requirements.