New permits or amendments to existing permits for expanded acres of surface mining disturbed land for operations referred to in §§ 45-6B-95 and 45-6B-96 may be issued only if the applicant has performed reclamation on an equal number of acres of permitted affected land, or has agreed not to disturb an equal acreage of permitted affected land, or, with consent of the board, has performed or agrees to perform reclamation concurrently with disturbance of an equal number of acres of previously mined land inside or outside a permit area boundary. For purpose of §§ 45-6B-94 to 45-6B-99, inclusive only, reclamation is performed when the operator completes required grading, topsoil replacement, erosion, and drainage control and any required planting and seeding that the department finds meets the requirements of the approved reclamation plan. To qualify for reclamation credit, reclamation activities shall have been conducted after the operator was granted the original large–scale gold or silver surface mining permit and surety for the reclaimed acres of affected land shall not have been released prior to November 19, 1992. With consent of the board, a large–scale gold or silver surface mining operator may assign reclamation credit acreage to another large–scale gold or silver surface mining operator.

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Source: Initiated Measure No. 2, approved November 3, 1992, effective November 19, 1992.