(a) Any permit issued under this part to conduct coal surface mining operations shall require the operator to meet all applicable performance standards of this part, any other environmental laws and regulations which relate to the operation and any other requirements that the commissioner shall promulgate.
(b) Such performance standards referred to in subsection (a) include:
(1) Quick and permanent soil stabilization must be achieved by planting of grasses, legumes and trees or shrubs, or any prescribed combination thereof;
(2) Backfilling and grading must be performed timely to prevent the impoundment and contamination of water in pits;
(3) Drainage from affected areas must be controlled so as to minimize concentration of suspended solids to waters of the state;
(4) All acid producing material must be buried on the protected area; and
(5) All highwalls exposed during the mining process other than previously existing highwalls must be eliminated; provided, however, that if a prior existing highwall is disturbed, the highwall must be eliminated to the extent of the new exposure.
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