Kansas Statutes 49-613. Reclamation of affected lands, when; extensions; inspections; approval; release of bond or security
Terms Used In Kansas Statutes 49-613
- Director: means the executive director of the division or a designee. See Kansas Statutes 49-603
- Operator: means any person who engages in surface mining or operation of an underground mine or mines. See Kansas Statutes 49-603
- Reclamation: means the reconditioning of the area of land affected by surface mining to a usable condition for agricultural, recreational or other use. See Kansas Statutes 49-603
- Secretary: means the Kansas secretary of agriculture. See Kansas Statutes 49-603
- Surface mining: means the mining of material, except for coal, oil and gas, for sale or for processing or for consumption in the regular operation of a business by removing the overburden lying above natural deposits and mining directly from the natural deposits exposed, or by mining directly from deposits lying exposed in their natural state, or the surface effects of underground mining. See Kansas Statutes 49-603
(a) An operator shall reclaim affected lands within a period not to exceed three years after the filing of the report required under Kan. Stat. Ann. § 49-612(b), and amendments thereto, indicating the mining of any part of a site has been completed.
(b) For certain postmining land uses, such as a sanitary land fill, the director, with the approval of the secretary, may allow an extended reclamation period.
(c) An operator, upon completion of any reclamation work required by Kan. Stat. Ann. § 49-611, and amendments thereto, shall apply to the director in writing for approval of the work. The director, within a reasonable time, shall inspect the completed reclamation work. Upon determination by the director that the operator has satisfactorily completed all required reclamation work on the land included in the application, the director shall release the bond or security on the reclaimed land, shall remove the land from registration and shall terminate or amend, as necessary, the operator’s authorization to conduct surface mining on the site.
(d) Periodic inspections may be conducted by the director or the director’s designee to ensure that the operator is following the reclamation plan.