49-611. Same; conduct and activities required after completion of mining operations; release of bond or security. (a) An operator authorized under this act to operate a mine, after completion of mining operations and within the time specified in K.S.A. 49-613, and amendments thereto, shall:
(1) Grade affected lands except for impoundments and pit floors to slopes no steeper than one foot vertical rise for each three feet of horizontal distance. Where the original topography of the affected land was steeper than one foot of vertical rise for each three feet of horizontal distance, the affected lands may be graded to blend with the surrounding terrain. The grading of high banks of sand pits and highwalls may be modified or exempted by the director.
(2) Provide for the vegetation of the affected lands, except for impoundments, pit floors and highwalls, as approved by the director before the release of the bond as provided in K.S.A. 49-616, and amendments thereto.
(b) Notwithstanding subsection (a), overburden piles where disposition has not occurred or will not occur for a period of 12 months shall be stabilized.
(c) Topsoil that is a part of overburden shall not be buried or destroyed in the process of mining.
(d) The director, with concurrence of the secretary, may grant a variance from the requirements of subsections (a) and (b).
(e) A bond or security posted under this act to assure reclamation of affected lands shall not be released until all reclamation work required by this section has been performed in accordance with the provisions of this act, except when a replacement bond or security is posted by a new operator or responsibility is transferred under K.S.A. 49-610, and amendments thereto.
History: L. 1994, ch. 197, § 11; L. 2021, ch. 74, § 18; May 6.
Structure Kansas Statutes
Article 6 - Surface-mining Land Conservation And Reclamation
49-601 Surface-mining land conservation and reclamation; citation of act.
49-602 Same; policy statement.
49-603 Surface-mining land conservation and reclamation; definitions.
49-604 Same; application of act.
49-605 Same; license required; application and fees; duration of license; validity, when.
49-606 Same; denial, suspension or revocation of license; proceedings.
49-609 Same; amendment or cancellation of registration, applications; procedures and requirements.
49-610 Same; transfer of site control responsibility; application.
49-612 Same; periodic reports, contents; report after completion of mining operation.
49-614 Same; extension of time for reclamation of affected lands.
49-615 Same; bonds or other security; requirements; exceptions.
49-616 Same; single bond for multiple sites.
49-617 Same; cancellation of bonds by surety prohibited; substitute bond required, when.
49-618 Same; inspections by director of sites; notice of violations; corrective measures.
49-619 Same; violation hearings, conduct; bond forfeiture proceedings; duties of attorney general.
49-621 Same; civil penalties; amount; procedures.
49-622 Same; land reclamation fund established; deposits and expenditures.
49-623 Same; rules and regulations; fee amount determination.