(1)
Applications for a surface mining and reclamation plan permit must be made in accordance with this section, and using a form prescribed by the Planning Department. A reclamation plan must be included with a surface mining permit application. The applicant must include sufficient information to evaluate the environmental impacts of the proposed surface mining, and any other information requested by the Planning Department. The surface mining and reclamation plan permit package must include the following information and may require additional information as deemed necessary:
(a)
A completed application form;
(b)
Statement of interest in the property or, if not the property owner, written permission from the owner allowing the application to be filed;
(c)
Names and addresses of the land owner, operator, and any persons acting as agents for the owner, operator or applicant;
(d)
The names and current mailing addresses of all persons with surface and/or mineral interests in the site;
(e)
The Comprehensive Plan land use and zoning designations;
(f)
A description of the geologic and hydrologic conditions and characteristics in and surrounding the area to be mined;
(g)
A map or maps depicting the following:
(i)
Location and boundaries of all lands included in the application,
(ii)
Topographic details of the land at a scale and contour interval sufficient to understand the topographic characteristics of the site,
(iii)
Existing conditions including the location of all streams, water bodies, wetlands, and other sensitive areas on site and off site within 200 feet of the proposed mine,
(iv)
Existing conditions including the location of roads, railroads, utility facilities, wells, septic tanks, drain fields, existing land uses and other existing improvements within and immediately adjacent to the site,
(v)
The location of proposed access roads, haul roads, stockpile areas, processing areas and other improvements and facilities associated with the mining operation;
(h)
A certified letter or report from the Tribes’ Cultural Resource Specialist shall be required which must include a description of any known or potential cultural resources on site with a determination as to whether a cultural resources survey will be required;
(i)
An environmental report describing current conditions of all surface waters and sensitive areas, including but not limited to depth to groundwater and an assessment of the extent of adverse impacts from the proposed mining activities including, but not limited to, sensitive areas, fish and wildlife, noise, glare, dust, water and air quality;
(j)
Demonstration of adequate stormwater management;
(k)
A surface mining plan to include:
(i)
A statement that proposed mining activities have been reviewed and certified by a licensed engineer that can attest to the project’s viability, and technical soundness;
(ii)
The type of surface mining to be employed;
(iii)
The hours of operation, types of equipment, and operational methods used for all mining activities;
(iv)
The anticipated quantity and type of minerals for which the surface mining operation will be conducted, including an estimate of the material that will be mined annually;
(v)
The maximum anticipated depth of the surface mining operation;
(vi)
The location and size of the lands that will be included in the surface mining operation;
(vii)
A description of phasing or sequencing, if any, of the surface mining operations including a schedule that will provide for the completion of surface mining on each phase or segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance;
(viii)
Anticipated hours of operation, including any seasonal operations;
(ix)
A description of the manner in which explosives and hazardous materials (if any) used in the surface mining operation will he handled and disposed;
(x)
A traffic report estimating the number of anticipated trips that will be generated by the mining operation, a description of the roadways directly affected by the project, identification of the type and duration of potential impacts on all roadways within Reservation boundaries, and proposed mitigation measures to minimize or eliminate associated impacts;
(l)
A reclamation plan to include:
(i)
A statement of the proposed uses or potential uses of the mined lands after reclamation that is consistent with the future land use map designation and TTC Title 7; proof that any person or persons having a property interest in the land have been notified of and agree with the proposed and/or potential uses; upon sale or transfer of the operation, the new operator shall submit a signed statement of responsibility to the Planning Department for placement in the permanent record;
(ii)
A description of how affected sensitive lands will be restored to support desired terrestrial and aquatic habitat functions;
(iii)
An estimate of the amount of material needed to reclaim the site with a description of the methods and mechanisms for testing all imported materials to the site and an agreement to maintain and provide testing and import records to the Planning Department as requested;
(iv)
An assessment of the effect of reclamation plan implementation on future mining in the area;
(v)
Maps of the surface mine showing existing topographic contours, proposed contours of reclaimed land, locations of all roads and utility lines, locations and types of proposed access roads, boundaries of the permit area, and estimated depth to groundwater and locations of surface water and wetlands before and after mining, and total site disturbance and fill, including all phases of excavation;
(vi)
Geotechnical report prepared by a geotechnical engineer to include at a minimum, site geology and aerial photographs, surface and subsurface drainage in the site area, slope stability, and the degree of fill compaction recommended for site reclamation;
(vii)
Grading plan, cutting, filling and import of clean soils to create acceptable surface for reclamation;
(viii)
Design specifications for final reclaimed slopes;
(ix)
Description of any areas mined to produce additional materials for backfilling and grading, as well as settlement of filled areas, including but not limited to roads, building sites or other improvements;
(x)
Disposition of old equipment, debris, construction and solid waste;
(xi)
Temporary stream or watershed diversions, if any;
(xii)
A revegetation plan to include species, densities, quantities, size and replacement guarantee and survival rate;
(xiii)
An estimate of the implementation costs including itemization of the major components of the reclamation plan, and the estimated cost attributed to each phase or segment of reclamation; and
(xiv)
Any other information relevant to the proposal deemed necessary by the Executive Director to enable a thorough review of the proposal to be conducted in accordance with this chapter.
(Res. 2018-170)