US Lawyer Database

§ 27-974 – Preservation and conservation of soil; exceptions

27-974. Preservation and conservation of soil; exceptions Before creating a surface disturbance that is stated to be reclaimed by revegetation pursuant to a new mining unit reclamation plan, the owner or operator shall conserve the soil as reasonably available from the area of disturbance to support the stated revegetation on that specific disturbance as necessary […]

§ 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 […]

§ 27-951 – Submission and contents of reclamation plan

27-951. Submission and contents of reclamation plan A. Beginning April 1, 1997, a person who conducts exploration operations that will create more than five contiguous acres of surface disturbance shall submit a reclamation plan to the state mine inspector. The reclamation plan shall: 1. Identify the county or counties in which exploration operation will be […]

§ 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 […]

§ 27-952 – Notice of complete, incomplete or denied plan

27-952. Notice of complete, incomplete or denied plan A. The state mine inspector shall notify the operator that a reclamation plan is administratively complete or incomplete within thirty days after receiving the plan. B. If the inspector notifies the operator that a plan is incomplete or denied, the inspector shall include a written explanation stating […]

§ 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, […]

§ 27-953 – Approval; criteria

27-953. Approval; criteria The state mine inspector shall approve a reclamation plan for exploration operations within sixty days after receiving a complete plan if the plan provides for the reclamation of surface disturbances at the exploration operations according to the following requirements, as applicable: 1. Exploration access roads that the operator constructs and that will […]

§ 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 […]

§ 27-954 – Beginning new exploration operations

27-954. Beginning new exploration operations New exploration operations may begin when both of the following occur: 1. The state mine inspector approves the reclamation plan for the exploration operations or ninety days after the inspector receives a reclamation plan if the inspector fails to notify the owner or operator that the plan submitted is incomplete […]