Okla. Stat. tit. 45, § 45-757
This is the official text of Okla. Stat. tit. 45, § 45-757, part of Oklahoma’s Stat. tit. 45, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 45,." Browse the sections below, each linked to its official government source.
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Prime farmland - Soil restoration - Exemptions
Official statutory text
If the area proposed to be mined contains prime farmland, the
Department shall, after consultation with the United States
Secretary of Agriculture, and pursuant to regulations issued by the
United States Secretary of the Interior with the concurrence of the
United States Secretary of Agriculture, grant a permit to mine on
prime farmland if the Department finds in writing that the operator
has the technological capability to restore such mined area, within
a reasonable time, to equivalent or higher levels of yield as non-
mined prime farmland in the surrounding area under equivalent levels
of management and can meet the soil reconstruction standards. The
requirements of this section shall apply to all permits issued after
August 3, 1977.
Oklahoma Statutes - Title 45. Mines and Mining Page 98
Nothing in this section shall apply to any permit issued prior
to August 3, 1977, or to any revisions or renewals thereof, or to
any existing surface mining operations for which a permit was issued
prior to August 3, 1977.
1. The operator shall be required to segregate the A horizon of
the natural soil, except where it can be shown that other available
soil materials will create a final soil having a greater productive
capacity; and if not utilized immediately, stockpile this material
separately from other spoil, and provide needed protection from wind
and water erosion or contamination by other acid or toxic material;
2. Segregate the B horizon of the natural soil, or underlying C
horizons or other strata, or a combination of such horizons or other
strata that are shown to be both texturally and chemically suitable
for plant growth and that can be shown to be equally or more
favorable for plant growth than the B horizon, in sufficient
quantities to create in the regraded final soil a root zone of
comparable depth and quality to that which existed in the natural
soil; and if not utilized immediately, stockpile this material
separately from other spoil, and provide needed protection from wind
and water erosion or contamination by other acid or toxic material;
3. Replace and regrade the root zone material described in
paragraph 2 above with proper compaction and uniform depth over the
regraded spoil material; and
4. Redistribute and grade in a uniform manner the surface soil
horizon described in paragraph 1 of this section.
Department shall, after consultation with the United States
Secretary of Agriculture, and pursuant to regulations issued by the
United States Secretary of the Interior with the concurrence of the
United States Secretary of Agriculture, grant a permit to mine on
prime farmland if the Department finds in writing that the operator
has the technological capability to restore such mined area, within
a reasonable time, to equivalent or higher levels of yield as non-
mined prime farmland in the surrounding area under equivalent levels
of management and can meet the soil reconstruction standards. The
requirements of this section shall apply to all permits issued after
August 3, 1977.
Oklahoma Statutes - Title 45. Mines and Mining Page 98
Nothing in this section shall apply to any permit issued prior
to August 3, 1977, or to any revisions or renewals thereof, or to
any existing surface mining operations for which a permit was issued
prior to August 3, 1977.
1. The operator shall be required to segregate the A horizon of
the natural soil, except where it can be shown that other available
soil materials will create a final soil having a greater productive
capacity; and if not utilized immediately, stockpile this material
separately from other spoil, and provide needed protection from wind
and water erosion or contamination by other acid or toxic material;
2. Segregate the B horizon of the natural soil, or underlying C
horizons or other strata, or a combination of such horizons or other
strata that are shown to be both texturally and chemically suitable
for plant growth and that can be shown to be equally or more
favorable for plant growth than the B horizon, in sufficient
quantities to create in the regraded final soil a root zone of
comparable depth and quality to that which existed in the natural
soil; and if not utilized immediately, stockpile this material
separately from other spoil, and provide needed protection from wind
and water erosion or contamination by other acid or toxic material;
3. Replace and regrade the root zone material described in
paragraph 2 above with proper compaction and uniform depth over the
regraded spoil material; and
4. Redistribute and grade in a uniform manner the surface soil
horizon described in paragraph 1 of this section.
Status: in_force · Read it on the official government site
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