US Lawyer Database

§ 27-1237 – Variances

27-1237. Variances The inspector, by rule or conditional order, may allow an owner or operator of an exploration operation or aggregate mining unit to vary from any rule adopted pursuant to this chapter or any requirement or condition of a reclamation plan issued pursuant to this chapter if the inspector finds that allowing the variance […]

§ 27-1223 – Creating surface disturbances of five acres or less

27-1223. Creating surface disturbances of five acres or less A. Nothing in this chapter shall prevent an owner or operator of an exploration operation or aggregate mining unit from creating a surface disturbance of five contiguous acres or less. B. From and after December 31, 2006, the state mine inspector may require either or both […]

§ 27-1224 – Inactive aggregate mining units

27-1224. Inactive aggregate mining units A. At an inactive aggregate mining unit, the following are not subject to the requirements of this chapter: 1. Voluntary reclamation measures that are not required by federal or state law, regulation or permit. 2. Actions that are required to comply with other local, state or federal laws, regulations, permits, […]

§ 27-1225 – Remedial response to governmental orders

27-1225. Remedial response to governmental orders A. An owner or operator is not required to provide notice or obtain approval of a reclamation plan or financial assurance mechanism under this chapter before creating a surface disturbance pursuant to a remedial action in response to a government order to prevent or mitigate an actual or potential […]

§ 27-1226 – Initiation, extension and completion of reclamation

27-1226. Initiation, extension and completion of reclamation A. Beginning January 1, 2007, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at an aggregate mining unit, reclamation shall be initiated: 1. Within one year after completing the exploration operation or aggregate mining unit. 2. Within one year after cessation of […]

§ 27-1227 – Substantial changes to approved reclamation plan

27-1227. Substantial changes to approved reclamation plan A. The state mine inspector must approve any substantial change to an approved reclamation plan as provided by this section before the change is implemented. B. The owner or operator of the exploration operation or aggregate mining unit shall submit a notice of a proposed change to the […]

§ 27-1228 – Transferring an approved reclamation plan

27-1228. Transferring an approved reclamation plan A. A reclamation plan may be transferred from one person to another, by operation of law or otherwise, if the current owner or operator notifies the state mine inspector in writing before the transfer. The notice shall include: 1. The name, address, telephone number and statutory agent of the […]