45-6B-46. Time for completion of reclamation--Plantings not required under certain conditions. All reclamation provided for in § 45-6B-45 shall be carried to completion by the operator with all reasonable diligence, and each phase of reclamation shall be completed within five years, unless such period is extended by the Board of Minerals and Environment upon a finding that additional time is necessary for the completion of the terms of the reclamation plan, except that:
(1) No planting of any kind may be required to be made on any affected land being used or proposed to be used by the operator for the deposit or disposal of refuse until after the cessation of operations productive of such refuse, or on any affected land proposed for future mining under the existing permit, or within depressed haulage roads or final cuts while such roads or final cuts are being used or made, or where permanent pools or lakes have been formed;
(2) No planting of any kind may be required on any affected land so long as the chemical and physical characteristics of the surface and immediately underlying material of such affected land are toxic, deficient in plant nutrients, or composed of sand, gravel, shale, or stone to such an extent as to seriously inhibit plant growth and such condition cannot feasibly be remedied by chemical treatment, fertilization, replacement of overburden, or like measures.Source: SL 1982, ch 305, § 46; SL 1987, ch 321, § 3.
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