82-4-440. Limited borrow operations -- notice -- limitations -- rulemaking -- definition. (1) Except as provided in subsection (3)(b), an operator who holds a permit under this part may conduct limited borrow operations without obtaining an additional opencut permit if the limited borrow operation:

(a) operates during hours that are consistent with the hours of the associated project;

(b) except for screens, does not involve material processing on site, including crushers and asphalt plants;

(c) does not occur in ephemeral, intermittent, or perennial streams;

(d) does not intercept surface water or ground water;

(e) is not restricted by federal, state, or local law;

(f) does not occur where 10 or more surface owners are within one-half mile of the exterior boundary of the limited borrow operation; and

(g) is located:

(i) more than 1 mile from all of the operator's existing limited borrow operations and limited opencut operations; and

(ii) within 2.5 miles of right-of-way of the associated public project.

(2) Prior to commencing limited borrow operations, the operator shall submit complete and accurate site and operation information on a form provided by the department to the department including:

(a) a landowner consultation form;

(b) documentation of consultation with the state historic preservation office regarding possible archaeological or historical values on the affected land;

(c) a reclamation bond calculated pursuant to the requirements of 82-4-433;

(d) if applicable, documentation of compliance with Title 76, chapter 22, part 1;

(e) a zoning form from the county or counties where the limited borrow operation is proposed;

(f) results from three soil test pits meeting the soil guideline requirements; and

(g) a $500 fee.

(3) (a) Within 30 days of receiving the information required by subsection (2), the department shall determine if the information meets the requirements and notify the operator in writing. If the requirements are met, the operator may commence the limited borrow operation upon receipt of the notification.

(b) The department may prohibit a limited borrow operation under this section if, at the time of submission of information required by subsection (2), the operator has a pattern of violations of this part or is in current violation of this part, rules adopted under this part, or provisions of a permit.

(4) Prior to removing borrow materials, the operator shall salvage all the soil from the area to be disturbed.

(5) Prior to completion of the project, the operator shall grade the affected land to 3:1 or flatter slopes, blend the graded land into the surrounding topography, replace an appropriate amount of overburden and all soils, and reclaim to conditions present prior to operations all access roads used for the operation unless the landowner requests in writing that specific roads or portions of roads remain in place. Roads left at the landowner's request must be sized to support the use of the road after operations.

(6) At the first seasonal opportunity, the operator shall seed or plant all land affected by the limited borrow operation in accordance with the requirements of 82-4-434(2)(j).

(7) A borrow source operation must be reclaimed within 2 years of the date the project concludes or is considered concluded by the project owner.

(8) The operator shall request final bond release within two growing seasons after completion of the project.

(9) For the purposes of this section "limited borrow operation" means excavations or grading less than 15 acres of affected land to obtain mixed opencut materials solely for public road or highway construction, repair, maintenance, or replacement as part of a project funded by the state department of transportation or the federal highway administration.