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Idaho Statutes
Idaho Statutes are updated to the website July 1 following the legislative session.
MINES AND MINING
CHAPTER 15
MINED LAND RECLAMATION
47-1506. Operator — Duties prior to operation — Submission of maps and plans. (a) Any operator desiring to conduct mining operations within the state of Idaho for the purpose of immediate or ultimate sale of the minerals in either the natural or processed state shall submit to the board prior to commencing such mining operations a reclamation plan that contains the following:
(1) A map of the mine panel on which said operator desires to conduct mining operations, which sets forth with respect to said panel the following:
(i) The location of existing roads and anticipated access and main haulage roads planned to be constructed in conducting the mining operations.
(ii) The approximate boundaries of the lands to be utilized in the process of mining operations.
(iii) The approximate location and, if known, the names of all streams, creeks, or bodies of water within the area where mining operations shall take place.
(iv) The name and address of the person to whom notices, orders, and other information required to be given to the operator pursuant to this chapter may be sent.
(v) The drainage adjacent to the area where the surface is being utilized by mining operations.
(vi) The approximate boundaries of the lands that will become affected lands as a result of mining operations during the year immediately following the date that a reclamation plan is approved as to said panel, together with the number of acres included within said boundaries.
(vii) A description of foreseeable water quality impacts from mining operations and proposed water management activities to comply with water quality requirements.
(viii) A description of post-closure activities.
(2) Diagrams showing the planned location of pits, mineral stockpiles, overburden piles and tailings ponds on said panel.
(3) A description of the action which said operator intends to take to comply with the provisions of this chapter as to the mining operations conducted on such mine panel.
(b)(1) Any operator who is not required to submit an operating plan for a mining operation to an entity of the federal government shall submit to the board, as part of the reclamation plan, an operating plan with regards to that mining operation. The operating plan shall include:
(i) Maps showing the location of existing roads and anticipated access and main haulage roads planned to be constructed for mining operations.
(ii) The boundaries and acreage of the lands to be utilized in the process of mining operations.
(iii) Maps showing the planned location of pits, mineral stockpiles, overburden piles and tailings ponds for the mining operations.
(iv) The location and, if known, the names of all streams, creeks, or bodies of water within the area where mining operations shall take place.
(v) The drainage adjacent to the area where the surface is being utilized by mining operations.
(vi) The approximate boundaries and acreage of the lands that will become affected during the first year of construction of mining operations.
(2) The board shall promulgate rules or guidelines to allow the content of a nonfederal operating plan to be determined based upon the type and size of the mining operation.
(c) No operator who is required to submit an operating plan for a mining operation to an entity of the federal government shall be required to submit an operating plan to the board. This provision shall apply to all lands, regardless of surface or mineral ownership, covered by the operating plan submitted to the entity of the federal government.
(d) No operator shall commence mining operations on any mine panel without first having a reclamation plan approved by the state board of land commissioners.
(e) Any operator desiring to conduct exploration operations within the state of Idaho using motorized earth-moving equipment in order to locate minerals for immediate or ultimate sale in either the natural or the processed state shall notify the board in writing prior to or as soon after beginning exploration operations as possible and in any event within seven (7) days after beginning exploration operations. The notice shall include the following:
(1) The name and address of the operator;
(2) The location of the operation and the starting date and estimated completion date;
(3) The anticipated size of the operation, and the general method of operation.
The notice shall be subject to disclosure according to chapter 1, title 74, Idaho Code.
(f) Any operator desiring to operate a cyanidation facility within the state of Idaho shall submit to the board prior to the operation of such a facility a permanent closure plan that contains the following:
(1) The name and address of the operator;
(2) The location of the operation;
(3) The objectives, methods and procedures the operator will use to attain permanent closure;
(4) An estimate of the cost of attaining permanent closure as well as an estimate of the costs to achieve critical phases of the closure plan;
(5) Any other information specified in the rules adopted to carry out the intent and purposes of this chapter; and
(6) An operator may incorporate a description of post-closure activities in a permanent closure plan in lieu of inclusion in a reclamation plan.
(g) The board may require a reasonable fee for reviewing and approving a permanent closure plan or reclamation plan. The fee may include the reasonable cost to employ a qualified independent party, acceptable to the operator and the board, to verify the accuracy of the cost estimate required in subsection (f)(4) of this section and section 47-1512(c), Idaho Code.
(h) The board shall coordinate its review of activities in a reclamation plan, operating plan, and permanent closure plan under statutory responsibility of the department of environmental quality with that department, but that coordination shall not extend the time limit in which the board must act on a plan submitted.
(i) No operator shall commence operation of a cyanidation facility without first having a permanent closure plan approved by the board.
History:
[47-1506, added 1971, ch. 206, sec. 6, p. 898; am. 1973, ch. 180, sec. 3, p. 415; am. 1990, ch. 213, sec. 65, p. 534; am. 1997, ch. 269, sec. 1, p. 772; am. 2005, ch. 167, sec. 7, p. 515; am. 2006, ch. 16, sec. 5, p. 48; am. 2015, ch. 141, sec. 122, p. 471; am. 2018, ch. 76, sec. 2, p. 171; am. 2019, ch. 226, sec. 6, p. 697.]