Sec. 27.02.05.08-2. Surface Mining — Policies

When surface mining occurs on State-owned land, the agency administering the land shall ensure that due consideration is accorded to:

A. When locating a surface mining activity, avoidance or, in the alternative, minimization of:

(1) The substantial loss of renewable resource land; and

(2) The degradation of water quality; and

B. When conducting a surface mining activity:

(1) Utilization of all available measures to protect the Critical Area from all sources of pollution resulting from that activity, including sedimentation and siltation, chemical and petrochemical use and spillage, and storage or disposal of waste, dust, or spoil; and

(2) Facilitation of site reclamation, including renewable resource land, as soon as possible and to the maximum extent possible.