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A. No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall be required to secure a permit pursuant to this title unless the continued operation of the mining activity involves an expansion or substantial change of operation not previously approved.

B. A person shall be deemed to have vested rights as described in subsection (A) of this section if, before January 1, 1976, he or she had in good faith and in reliance upon a permit or other authorization (if such permit or other authorization was required) diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

C. Nothing in this section shall be construed as requiring the filing of a reclamation plan for, or the reclamation of, mined lands on which surface mining operations were commenced and terminated before January 1, 1976. However, it is recommended that mining operators prepare reclamation plans to address unreclaimed portions of ongoing mining operations which were disturbed before January 1, 1976 and not disturbed since. (Formerly 33.017)