Sand Dune Mining Law: Basic Concepts

A mine is divided into "Cell Units" no larger than 10 acres (prior to 1977, 30 acre cell units were allowed). At any given time, cell units are in one of the following states as described below.

 1. Inactive: This is an untouched and unused cell unit.
 2.

Active: Only three (3) cells may be active at any time. That is, they are being mined. Conformance bonds in the amount of $2000/acre are required when a cell is placed in active status.

Neither vegetation nor topsoil can be removed from a cell until it is made "active." Nor can it be used to move mining equipment, haul sand or any other mining activities.

 3.

Interim: Only three (3) cells may be in interim status at any time.

As a first condition for interim status, all mining activities within the must have been completed. A corridor for a haul road or a slurry line can remain. This corridor becomes a part of the plant site.

Before being placed in interim status a cell must be graded to a slope of 1:3 (1 foot vertical for 3 feet horizontal or a 33% slope). To a depth of 6 feet submerged slopes must be 1:3 if the lake is under 5 acres, 1:6 for lakes larger than 5 acres, or 1:10 if the lake is to have public access after mining is complete.

The cell must also be planted with native or indigenous species or with plants specified in the approved Progressive Cell Unit Mining and Reclamation Plan (PCUMRP). The vegetation shall have germinated or take root and cover a minimum of 80% of the upland areas disturbed by sand dune mining. There can be no single area exposed to the elements (that is where the vegetation has not taken root or germinated) greater than 25 square feet.

The operator must also take proper measures to aid in the establishment of growth of the planted vegetation until adequate root systems have developed to provide sustained growth. Such measures would be fertilizing the soil, irrigation, and mulching.

 4. Released: If the DEQ accepts the reclamation activity after a year in interim status the operator is released from its conformance bond. Acceptance includes regrading and replanting as required for interim status. However, in this case there can be no area within the revegetated portions of the cell unit where a 10 foot by 10 foot test plot can be measured with less than 80% survival of the planted vegetation. There can be no areas within the revegetated area with ongoing erosion.

 

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