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(a) Applicant shall be responsible for preparing and submitting to the Committee a mining and reclamation plan which, at a minimum, conforms to the requirements of this chapter. Applicant shall also be responsible for making any revisions, modifications, or conditions for approval deemed necessary by the Committee or Council.

(b) At a minimum, the following factors shall be taken into account in determining the level, character, and detail of the mining and reclamation plan design:

(1) The size and area of the proposed mined lands;

(2) The complexity of the operation and the manner and degree to which the mined lands are disturbed;

(3) The site potential for mineral and other uses;

(4) The environmental setting of the operation site and the effect that reclaimed site conditions may have upon the existing and future uses of surrounding lands;

(5) The effect that the proposed reclamation activity may have upon the site’s remaining unmined resources and/or upon continued mining on adjacent lands;

(6) The public health and safety, giving consideration to the degree and type of present and probable future exposure of the public, including but not limited to:

(A) Likelihood of direct contact with or exposure to safety hazards or toxic substances;

(B) Potential for contamination of drinking water by toxic substances, due to ground water or surface water contamination; and

(C) Potential for public exposure to toxic substances in dust from ore pilings, tailings, waste piles, or other project-related sources, and the use of mined materials for off-site applications, including but not limited to road construction and rock slope protection.

(7) The potential for impacts to a tributary or river bed, tributary or river flow, ground and surface water quality, fishery values, or ceremonial and cultural values and uses.

(c) The longevity of mining operations varies greatly. In many operations much of the reclamation can be effected only after the mining is completed. However, in certain operations the reclaiming of mined areas may be undertaken concurrently with the mining of adjoining lands. In those operations where concurrent reclamation is possible, the Committee shall require:

(1) A timetable for commencing such operations; and

(2) Periodic submittal of updated progress reports for concurrent reclamation operations.

(d) Applicant shall, in the mining and reclamation plan, propose the end condition of the site and reasonable and practicable uses of the reclaimed site. Such proposals shall be in conformance with the policies and regulations contained herein, and with the policies and regulations of other applicable Tribal ordinances.

(e) Instructions for preparation of mining and reclamation plans and any required forms shall be provided by the Committee.

(f) Applicant shall provide an initial assessment as to the type, character, and composition of the minerals being removed. At a minimum, site soils shall be tested for asbestos content. [Ord. 27 § 6018, adopted, 6/27/2012.]