SECTION 460:20-27-10. Reclamation plan: general requirements

(a)   Each application shall contain a plan for reclamation of the lands within the proposed permit area, showing how the applicant will comply with the performance standards of this Chapter, and the environmental protection performance standards of the regulatory program. The plan shall include, at a minimum, all information required under Sections 460:20-27-10 through 460:20-27-20 of this Chapter.

(b)   Each plan shall contain the following information for the proposed permit area:

(1)   A detailed timetable for the completion of each major step in the reclamation plan;

(2)   A detailed estimate of the cost of reclamation of the proposed operations required to be covered by a performance bond under Subchapter 37 of this Chapter, with supporting calculations for the estimates;

(3)   A plan for backfilling, soil stabilization, compacting, and grading, with contour maps or cross sections that show anticipated final surface configuration of the proposed permit area, in accordance with Sections 460:20-43-38 through 460:20-43-42 of this Chapter;

(4)   A plan for removal, storage, and redistribution of topsoil, subsoil, and other material to meet the requirements of Section 460:20-43-7 of this Chapter. A demonstration of the suitability of topsoil substitutes or supplements under Section 460:20-43-7(b) of this Chapter shall be based upon analysis of the thickness of soil horizons, total depth, texture, percent coarse fragments, pH, and areal extent of the different kinds of soils. The Department may require other chemical and physical analyses, field-site trials, or greenhouse tests if determined to be necessary or desirable to demonstrate the suitability of the topsoil substitutes or supplements.

(5)   A plan for revegetation as required in Sections 460:20-43-43 through 460:20:43-46 of this Chapter, including, but not limited to, descriptions of the–

(A)   Schedule of revegetation;

(B)   Species and amounts per acre of seeds and seedlings to be used;

(C)   Methods to be used in planting and seeding;

(D)   Mulching techniques;

(E)   Irrigation, if appropriate, and pest and disease control measures, if any; and

(F)   Measures proposed to be used to determine the success of revegetation as required in Section 460:20-43-46 of this Chapter.

(G)   A soil testing plan for evaluation of the results of topsoil handling and reclamation procedures related to revegetation.

(6)   A description of the measures to be used to maximize the use and conservation of the coal resource as required in Section 460:20-43-17 of this Chapter;

(7)   A description of measures to be employed to ensure that all debris, acid-forming and toxic-forming materials, and materials constituting a fire hazard are disposed of in accordance with Sections 460:20-43-33 and 460:20-43-38 of this Chapter and a description of the contingency plans which have been developed to preclude sustained combustion of such materials;

(8)   A description, including appropriate cross sections and maps, of the measures to be used to seal or manage mine openings, and to plug, case, or manage exploration holes, other bore holes, wells, and other openings within the proposed permit area, in accordance with Sections 460:20-43-4 through 460:20-43-6 of this Chapter; and

(9)   A description of steps to be taken to comply with the requirements of the Clean Air Act (42 U.S.C. 7401 et seq.), the Clean Water Act (33 U.S.C. 1251 et seq.), and other applicable air and water quality laws and regulations and health and safety standards.