Iowa Administrative Code

50.50(1) Reclamation projects shall reflect the priorities set out in Section 403 of Public Law 95-87 (30 U.S.C. 1233) and should be accomplished in accordance with OSM’s “Final Guidelines for Reclamation Programs and Projects” (45 FR 14810-14819, March 6, 1980). 50.50(2) Reclama…

reclamation work shall be evaluated in terms of the factors stated in this rule. The factors shall be used to determine whether or not proposed reclamation will be undertaken and to assign priorities to proposals intended to meet the same objective as 27—50.50(207). Completed rec…

from the owner of record of the land or property to be entered in advance of such entry. The consent shall be in the form of a signed statement by the owner of record or their authorized agent which, as a minimum, includes a legal description of the land to be entered, the projec…

50.80(1) The division or its agents, employees, or contractors, shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and the feasibility of restoration…

50.90(1) The division or its agents, employees, or contractors, may enter upon land to perform reclamation activities if the consent of the owner cannot be obtained. 50.90(2) Prior to entry under this rule, the division shall find in writing with support reasons that: a. Land or …

6.1(1) All public improvements and professional services contracts with the division shall be awarded on a competitive basis to the maximum practical extent. All contracts shall be in written form and signed by the administrator. 6.1(2) Exceptions for compliance with federal rule…

6.2(1) Definition. As used in these rules, “public improvement” means any building or construction work, including abandoned mined land reclamation and maintenance, to be paid for in whole or in part by the use of state funds. Iowa Code section 73A.21, relating to reciprocal resi…

6.3(1) Professional services defined. The term “professional services” shall include planning, design, architectural, engineering, landscape architecture, land surveying, land appraising, consulting, legal and management review services. 6.3(2) Notification of professional firms …

6.4(1) Contract approval. All contracts for public improvement or professional services shall be signed by the administrator. 6.4(2) Contract award. The contract shall be awarded to the firm or individual whose bid or proposal is believed to be the most advantageous to the state.…

the division of soil conservation and water quality, Iowa department of agriculture and land stewardship, in accordance with the policies of the state soil conservation and water quality committee, in implementing the requirements of Iowa Code chapter 208 to ensure reclamation up…

which engages in or intends to engage in operating a mine as defined under rule 27—60.12(208) shall meet all requirements of this chapter except that the subdivision shall not be required to pay the license fee under rule 27—60.20(208) and shall not be required to post bonds as r…

thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule or subrule which can be given effect without the invalid provision or application, and to this end the provisions of these rules or subrules are seve…

“Acceptable species” means plant species recognized as desirable permanent species and normally used in conjunction with agriculture, forestry, wildlife or similar plans for reclamation. “Administrator” means the administrator of the division of soil conservation and water qualit…

60.20(1) Application for mining license. All operators wanting to mine minerals in Iowa shall apply for a mining license. The application shall be complete only if submitted on the form supplied by the division, signed by the operator or an authorized representative, and accompan…

60.30(1) Registration required. All mine sites shall be registered at least seven days prior to the beginning of mining or the removal of overburden. Exploration activities are exempt from registration requirements unless they affect more than 10,000 square feet of surface area. …

60.31(1) Registration renewal. All site registrations shall expire on December 31 of the second year. Registrations shall be renewed by the division upon submittal of renewal fee by the operator within 30 days of the expiration date. 60.31(2) Notice of registration renewal and fe…

applicable mineral operations are properly reclaimed. Failure on the part of an operator to accomplish required reclamation may result in forfeiture of the bond by the division. 60.40(1) Bonding requirements. Each registration application shall be accompanied by a bond or a bond …

60.41(1) Release of bond. No bond shall be released unless the bonded area has met reclamation requirements of Iowa Code section 208.17, a replacement bond has been filed, or the site has been registered by another licensed operator who agrees, in writing, to complete all remaini…

60.50(1) Registration transfer request. If control of a registered site is acquired by an operator other than the operator holding authorization to conduct surface mining on the site, then both operators shall fill out the required portions of a Transfer Application form. The com…

60.60(1) Reclamation approval request. Upon completion of reclamation activities on a mine site or any part thereof, the operator may file a Reclamation Approval Request with the division. The form shall be completed and signed by the operator. 60.60(2) Inspection for approval. U…

60.65(1) Notice of violation. Notice to an operator of violations of these rules or Iowa Code chapter 208 shall include: a. A description of the violation, including a citation of the rule or statute violated, b. A description of the action required to abate the violation, and c.…

60.70(1) Annual reports—surface operations. Annual reports shall be filed for each site on the form provided by the division. These reports may include, but shall not be limited to, information concerning the location of the mine site, types of material mined, thickness and types…

60.75(1) Topsoil and overburden stockpiles. Topsoil shall not be buried or mixed with nontopsoil materials. All stockpiles (topsoil and overburden) shall be seeded and stabilized if they are to remain in place for a period of time in excess of 12 months. 60.75(2) Erosion control.…

60.80(1) Schedule. The operator, upon filing a mine report indicating the conclusion of all mining activities, will have a period of three years to complete all reclamation activities. 60.80(2) Requirements. The operator shall grade all remaining affected lands, except stockpiles…

60.85(1) Application for variance. A complete application for a variance must include: a. Site name, registration number, and location by county, township, range, section and quarter section. b. A copy of an aerial photograph or a topographic map of the site on an 8½- × 11-inch p…

administrative order directing an operator to desist in an activity or practice which constitutes a violation of these rules or to take corrective action to abate the violation. 60.90(1) Issuance of administrative order. Any administrative order issued by the division shall be si…

Annual Mine Report. This two-sided, one-page form requires identification of the operator and legal description of the mine site. This form requests a listing of the number of acres affected during the report year, the number of acres reclaimed, the number of acres estimated to b…

7.1(1) Scope. This rule implements Iowa Code section 573.12 regarding payment to a contractor of interest earned on retained funds. This rule does not address payment of interest under Iowa Code section 573.14. 7.1(2) General requirements. a. Interest shall be paid pursuant to Io…

which suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. [ARC 5725C, IAB 6/30/21, effective 8/4/21]

reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is issued. 8.10(1) Division discretio…