45-6B-92. Description of critical resources affected by reclamation plan. The applicant shall, as part of the reclamation plan, include a description of all critical resources potentially affected by the mining operation and plans for mitigating potential impacts to such critical resources. Critical resources shall be addressed by the applicant during the evidentiary portion of a contested case hearing before the board on the mine permit application.

For purposes of this chapter, critical resources include the following:

(1) Wildlife--critical deer winter range, threatened or endangered species, and any other critical wildlife resource identified by the Department of Game, Fish and Parks;

(2) Aquatic resources--cold water fish life propagation water;

(3) Vegetation--riparian zones, mountain meadows, wetlands, and threatened or endangered species;

(4) Water--direct or indirect sources of drinking water;

(5) Visual resources--areas of severe visual constraint or retention quality objective;

(6) Soils--soils with high erosion and low revegetation potential;

(7) Cultural resources--cultural resources that are eligible for the national register of historic places;

(8) Air quality--areas with minimal ambient airborne particulates and areas near potential receptors including residences and recreational areas;

(9) Noise--areas near potential receptors including residences and recreational areas; and

(10) Lands designated as special, exceptional, critical, or unique pursuant to subdivision 45-6B-33(3).Source: SL 1992, ch 254, § 4.