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Mined Land Reclamation Permits And Fees

Mined Land Reclamation Technical Guidance, MLR-91-3

November 1, 1991

To: Regional Supervisors of Natural Resources

From: Gregory H. Sovas, Director, Division of Mineral Resources

Louis Concra, Director, Division of Regulatory Affairs

SUBJECT: Technical Guidance Memorandum MLR 9l-3
Implementation of the New Mined Land Amendments in Regard to Permit and Fee Requirements

This guidance is intended to clarify that all persons subject to the Mined Land Reclamation Law must continue to have a permit and continue to pay the annual fee until such time as reclamation has been completed and approved by the Department.

Although not explicit, the intent of the Amendments is to require a person holding a permit to maintain that permit until such time as the mine site has been reclaimed and approved by the DEC. The Mined Land Reclamation Permit is issued to ensure that mining and reclamation take place in accordance with submitted and approved mining and reclamation plans. The person making application is not issued a permit solely to mine or reclaim, but to complete the entire process of mining and reclamation.

Many permits contain special conditions that refer to reclamation objectives and timeframes as referenced in the approved Mined Land Use Plan. In accordance with the new amendments to the Mined Land Reclamation Law, local governments utilizing special use permits now have the authority to enforce reclamation conditions placed on DEC permits. Furthermore, the fee language under Article 72-1005 states that for "all persons holding permits or approvals, or subject to regulation under this title, liability to pay annual fees shall continue until such time as reclamation has been completed and approved by the department and any required financial security has been released". . . .

Therefore, to ensure that reclamation is undertaken according to approved plans and as referenced in the Mined Land Reclamation permits, all persons requiring permits under the Mined Land Reclamation Law must maintain these permits and pay the appropriate fees until reclamation has been completed and approved by the Department.

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