Idaho Code 47-1314 – Disturbed Lands to Be Restored — Notice and Restoration of Placer or Dredge Exploration Operations
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(a) Any person conducting a placer or dredge mining operation shall, within one (1) year of permanent cessation of operations as to the whole or any part of the permit area, commence restoration of disturbed lands in the permit area or in any portion thereof as to which operations are permanently ceased. In accordance with a permit approved for the operation under section 47-1317, Idaho Code, surfaces shall be returned to a contour reasonably comparable to that contour existing prior to disturbance, topsoil shall be replaced where deemed appropriate by the board, and vegetation shall be planted reasonably comparable to that vegetation existing prior to disturbance. Any disturbed natural watercourse shall be restored to a configuration and pool structure conducive to good fish and wildlife habitat and recreational use.
(b) Any person desiring to conduct placer or dredge exploration operations using motorized earth-moving equipment shall, prior to or within seven (7) days of commencing exploration, notify the director in writing of the name and address of the person, and the location, anticipated size, and method of exploration. Such notice shall be subject to disclosure according to chapter 1, title 74, Idaho Code. Any placer or dredge exploration operation which causes a cumulative surface disturbance in excess of one-half (1/2) acre of land, including roads, shall be considered a placer or dredge mining operation. Lands disturbed by any placer or dredge exploration operation which causes a cumulative surface disturbance of less than one-half (1/2) acre of land, including roads, shall be restored to conditions reasonably comparable to conditions existing prior to the placer or dredge exploration operation.
Terms Used In Idaho Code 47-1314
- Board: means the state board of land commissioners or such representative as may be designated by the board. See Idaho Code 47-1313
- Director: means the director of the department of lands or such representative as may be designated by the director. See Idaho Code 47-1313
- Motorized earth-moving equipment: means backhoes, bulldozers, front loaders, trenchers, core drills, suction dredges with an intake diameter exceeding eight (8) inches, and other similar equipment. See Idaho Code 47-1313
- Natural watercourse: means any stream in the state of Idaho having definite bed and banks, and which confines and conducts continuously flowing water. See Idaho Code 47-1313
- Permit area: means that area designated under section 47-1317, Idaho Code, as the site of a proposed placer or dredge mining operation, including all lands to be disturbed by the operation. See Idaho Code 47-1313
- Person: means any person, corporation, partnership, association, or public or governmental agency engaged in placer or dredge mining, whether individually, jointly, or through subsidiaries, agents, employees, or contractors. See Idaho Code 47-1313
- Placer or dredge exploration operation: means activities including, but not limited to, the construction of roads, trenches, and test holes, performed on a placer deposit for the purpose of locating and determining the economic feasibility of extracting minerals by placer or dredge mining. See Idaho Code 47-1313
- Placer or dredge mining operation: means placer or dredge mining which disturbs in excess of one-half (1/2) acre of land. See Idaho Code 47-1313