SECTION 460:20-43-49. Cessation of operations: temporary

(a)   Each person who conducts surface mining activities shall effectively secure surface facilities in areas in which there are no current operations, but in which operations are to be resumed under an approved permit. To qualify for temporary cessation, additional minable coal must be available under a valid lease and the area of additional coal must be located within the boundaries of the existing permit or immediately adjacent to the permit and the subject of a pending revision application. Temporary abandonment shall not relieve a person of their obligation to comply with any provisions of the approved permit.

(b)   Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, persons who conduct surface mining activities shall submit to the Department a notice of intention to cease or abandon mining and reclamation operations. This notice shall include a statement of the exact number of acres which will have been affected in the permit area, prior to such temporary cessation, the extent and kind of reclamation of those areas which will have been accomplished, and identification of the backfilling, regrading, revegetation, environmental monitoring, and water treatment activities that will continue during the temporary cessation.

(c)   If temporary cessation exceeds twelve months in duration, a notice of intention to continue the temporary cessation must be submitted to the Department annually along with a current bond recalculation, proof of notice to landowners, and updated information on the items included in the original notice as described in 460:20-43-49(b).

[Source: Amended at 31 Ok Reg 2101, eff 9-12-14]