Section 2501.37  Notice of Reclamation

a)         Following reclamation, the Department shall file a Notice of Reclamation in the office of the recorder in the county in which the reclaimed land lies.  The Notice of Reclamation shall identify the land reclaimed, the adverse effects of past mining on the land, and briefly describe the reclamation.  The Notice of Reclamation shall serve as perpetual notice to all concerned that the land has been mined and reclaimed, and provide that further information may be obtained by contacting the Department [20 ILCS 1920/2.12].

b)         A Notice of Reclamation shall be filed only with respect to land that has been adversely affected with the physical impacts of mining, and will continue after reclamation to contain such physical effects even though reclaimed, including:

1)         mine shafts, slope entries, or other mine openings

2)         coal refuse and tailings

3)         mine gas escape points

4)         hazardous equipment or facilities

5)         dangerous highwalls or embankments

6)         spoil

7)         acid water impoundments

8)         dangerous impoundments or dam structures

9)         subsidence pits or troughs.

c)         A Notice of Reclamation shall not be filed in connection with land that is affected by reclamation activities only to provide ingress and egress, mobilization or staging areas, borrow or cover material, or other support activities.

d)         A Notice of Reclamation shall not be filed where all adverse effects, physical impacts, or remnants thereof are removed from the property by the reclamation.

(Source:  Amended at 22 Ill. Reg. 11382, effective June 23, 1998)