TO THE HONORABLE MEMBERS OF THE ASSEMBLY: I am vetoing Assembly Bill 411. The bill exempts from nonmetallic mining reclamation requirements the removal of soils for the purpose of creating a pond or wetland that has an area of three acres or less.
This bill creates an unnecessary statutory exemption and creates a competitive advantage for operators who qualify for the exemption over those who do not. Non-exempt operators would incur the costs of obtaining permits and approvals, and developing and implementing reclamation plans as required under current law. This advantage is not in line with the principle of creating a “level playing field” which was the foundation for developing the existing nonmetallic mining reclamation rules.
Additionally, local reclamation programs and the Department of Natural Resources staff have the ability within the current regulatory framework to address problems arising under nonmetallic mining reclamation requirements from pond and wetland excavations. Respectfully submitted, JIM DOYLE Governor