[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR23.8]

[Page 441-442]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 23--SURFACE EXPLORATION, MINING AND RECLAMATION OF LANDS--Table of Contents
 
Sec. 23.8  Approval of mining plan.

    (a) Before surface mining operations may commence under any permit 
or lease issued under the mineral leasing acts the operator must file a 
mining plan with the mining supervisor and obtain his approval of the 
plan. Paragraphs (b) through (g) of this section confer authority upon 
mining supervisors with respect to mining plans pertaining to permits or 
leases issued under the mineral leasing acts. The mining supervisor 
shall consult with the district manager with respect to the surface 
protection and reclamation aspects before approving said plan.
    (b) Depending on the size and nature of the operation and the 
requirements established pursuant to Sec. 23.5, the mining supervisor or 
the district manager may require that the mining plan submitted by the 
operator include any or all of the following:
    (1) A description of the location and area to be affected by the 
operations;
    (2) Two copies of a suitable map, or aerial photograph showing the 
topography, the area covered by the permit, lease, or contract, the name 
and location of major topographic and cultural features, and the 
drainage plan away from the area to be affected;
    (3) A statement of proposed methods of operating, including a 
description of proposed roads or vehicular trails; the size and location 
of structures and facilities to be built;
    (4) An estimate of the quantity of water to be used and pollutants 
that are expected to enter any receiving waters;
    (5) A design for the necessary impoundment, treatment or control of 
all runoff water and drainage from workings so as to reduce soil erosion 
and sedimentation and to prevent the pollution of receiving waters;
    (6) A description of measures to be taken to prevent or control 
fire, soil erosion, pollution of surface and ground water, damage to 
fish and wildlife, and hazards to public health and safety; and
    (7) A statement of the proposed manner and time of performance of 
work to reclaim areas disturbed by the holder's operation.
    (c) In those instances in which the permit, lease, or contract 
requires the revegetation of an area of land to be affected the mining 
plan shall show:
    (1) Proposed methods of preparation and fertilizing the soil prior 
to replanting;
    (2) Types and mixtures of shrubs, trees, or tree seedlings, grasses 
or legumes to be planted; and
    (3) Types and methods of planting, including the amount of grasses 
or legumes per acre, or the number and spacing of trees, or tree 
seedlings, or combinations of grasses and trees.
    (d) In those instances in which the permit, lease, or contract 
requires regrading and backfilling, the mining plan shall show the 
proposed methods and the timing of grading and backfilling of areas to 
be affected by the operation.
    (e) The mining supervisor or the district manager shall review the 
mining plan submitted to him by the operator and shall promptly indicate 
to the operator any changes, additions, or amendments necessary to meet 
the requirements formulated pursuant to Sec. 23.5, the provisions of the 
regulations in this part and the terms of the permit, lease, or 
contract. The operator shall comply with the provisions of an approved 
mining plan.
    (f) A mining plan may be changed by mutual consent of the mining 
supervisor or the district manager and the operator at any time to 
adjust to changed conditions or to correct any oversight. To obtain 
approval of a change or supplemental plan the operator shall submit a 
written statement of the proposed changes or supplement and the 
justification for the changes proposed. The mining supervisor or the 
district manager shall promptly notify the operator that he consents to 
the proposed changes or supplement or, in the event he does not consent, 
he shall specify the modifications thereto under which the proposed 
changes or supplement would be acceptable. After mutual acceptance of a 
change of a plan the operator shall not depart therefrom without further 
approval.
    (g) If circumstances warrant, or if development of a mining plan for 
the entire operation is dependent upon unknown factors which cannot or 
will not be determined except during the progress of the operations, a 
partial

[[Page 442]]

plan may be approved and supplemented from time to time. The operator 
shall not, however, perform any operation except under an approved plan.

[34 FR 852, Jan. 18, 1969, as amended at 48 FR 27016, June 10, 1983]