Kansas Statutes 49-611. Conduct and activities required after completion of mining operations; release of bond or security
Terms Used In Kansas Statutes 49-611
- Affected land: means the area of land from which overburden has been removed or upon which overburden has been deposited, or both, but shall not include crushing areas, stockpile areas or roads. See Kansas Statutes 49-603
- Director: means the executive director of the division or a designee. See Kansas Statutes 49-603
- Mine: means any underground or surface mine developed and operated for the purpose of extracting rocks, minerals and industrial materials, other than coal, oil and gas. 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
- Overburden: means all of the earth and other materials that lie above the natural deposits of material being mined or to be mined. See Kansas Statutes 49-603
- Pit: means a tract of land from which overburden has been or is being removed for the purpose of surface mining. 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
- Topsoil: means the natural medium located at the land surface with favorable characteristics for growth of vegetation, which is normally the A or B, or both, soil horizon layers of the four soil horizons. See Kansas Statutes 49-603
(a) An operator authorized under this act to operate a mine, after completion of mining operations and within the time specified in Kan. Stat. Ann. § 49-613, and amendments thereto, shall:
(1) Grade affected lands except for impoundments and pit floors to slopes no steeper than one foot vertical rise for each three feet of horizontal distance. Where the original topography of the affected land was steeper than one foot of vertical rise for each three feet of horizontal distance, the affected lands may be graded to blend with the surrounding terrain. The grading of high banks of sand pits and highwalls may be modified or exempted by the director.
(2) Provide for the vegetation of the affected lands, except for impoundments, pit floors and highwalls, as approved by the director before the release of the bond as provided in Kan. Stat. Ann. § 49-616, and amendments thereto.
(b) Notwithstanding subsection (a), overburden piles where disposition has not occurred or will not occur for a period of 12 months shall be stabilized.
(c) Topsoil that is a part of overburden shall not be buried or destroyed in the process of mining.
(d) The director, with concurrence of the secretary, may grant a variance from the requirements of subsections (a) and (b).
(e) A bond or security posted under this act to assure reclamation of affected lands shall not be released until all reclamation work required by this section has been performed in accordance with the provisions of this act, except when a replacement bond or security is posted by a new operator or responsibility is transferred under Kan. Stat. Ann. § 49-610, and amendments thereto.