27-1275. Features excluded from reclamation plan or allowed to remain following reclamation; public protection measures
A. A reclamation plan may exclude any provision for reclaiming open pits, rock faces or subsidence areas through backfilling or returning material to the open pit, rock face or subsidence area from which it was extracted if it is impracticable and if public access to the open pit, rock face or subsidence area, including any surrounding unstable areas or walls, is restricted by fencing or other institutional controls.
B. The following factors shall be considered in determining whether the reclamation of open pits, rock faces or subsidence areas is impracticable:
1. Cost to perform the reclamation.
2. Topography of the site.
3. Geology and stability of the site.
4. Time required to perform the reclamation.
5. Consumption of resources required to perform the reclamation.
6. Future access to aggregate resources.
7. Regional or local hydrogeology.
C. Buildings and other structures may remain after reclamation if adequate measures are taken to protect public safety.