Oklahoma § 45-725 - Procedure for reclaiming land

§ 45-725. Procedure for reclaiming land

A. All affected land other than lands affected by coal mining

operations shall be reclaimed as provided in this section.

B. The operator shall determine which parts of the affected

land shall be reclaimed for forest, pasture, crop, horticultural,

homesite, recreational, industrial or other use including food,

shelter and ground cover for wildlife.

C. All ridges and peaks of overburden created by surface mining

shall be graded to a rolling topography traversable by machines or

equipment customarily used in connection with the use to be made of

the land after reclamation, but such slopes need not be reduced to

less than the original grade of the area prior to mining, and the

slope of the ridge of overburden resulting from a box cut need not

be reduced to less than twenty-five degrees (25°) from horizontal.

Surface mining operations conducted in the flood plains of streams

and rivers and subject to periodic flooding shall be exempt from the

grading requirements of this section.

D. The operator may construct earth dams to form lakes in pits

resulting from surface mining operations, provided that the

formation of lakes shall not interfere with other mining operations

or damage property of others.

E. The operator shall cover the exposed face of a mineral seam,

where significant concentrations of acid-forming materials are

present, to a depth of not less than three (3) feet with earth that

will support plant life or with a permanent water impoundment.

F. The operator shall grade down the banks of any pits or

depressions created by the removal of sand or gravel by surface

mining to a degree of slope determined by the Department, which

shall give due consideration to the natural topography of the land

affected and adjacent lands, the composition of such banks and the

Oklahoma Statutes - Title 45. Mines and Mining

most beneficial use of the pits and depressions comprising the

affected land after reclamation. If the pits or depressions are

deeper than ten (10) feet, the operator may elect to bench the

highwall, provided that such benches are not in excess of ten (10)

feet in height.

G. All affected land except that which is to be covered with

water or used for homesites or industrial purposes shall be

revegetated by the planting of seeds, plants, trees, shrubs or other

plantings appropriate to the use to be made of the land as

determined by the operator. No planting of any kind shall be

required on any affected land so long as the chemical and physical

characteristics of the soil of such affected land are toxic,

deficient in plant nutrients or composed of sand, gravel, shale or

stone to such an extent as to seriously inhibit plant growth. The

Department may prescribe by rules and regulations the required

density of such plantings, and may make replanting requirements.

H. Except where prevented by weather conditions, all grading

shall be completed within one (1) year after mining of the affected

land has been completed. Initial seeding or planting shall be made

at the first appropriate time following completion of grading. If

the operator is unable to acquire sufficient planting stock of

desired species from state nurseries, or acquire such species

elsewhere at comparable prices the Department shall grant the

operator an extension of time until planting stock is available to

plant such land as originally planned.

I. In any noncoal mining operation where the type and amount of

material removed precludes the filling of the quarry, the Department

of Mines shall prescribe necessary measures for the protection of

the public and animal life.

Added by Laws 1971, c. 332, § 5, emerg. eff. June 12, 1971. Amended

by Laws 1978, c. 10, § 1, emerg. eff. Feb. 2, 1978; Laws 1983, c.

139, § 2, emerg. eff. May 23, 1983.