27-1221. Surface disturbances created by new exploration operation or aggregate mining unit Beginning January 1, 2007, an owner or operator of a new exploration operation or new aggregate mining unit shall not create a surface disturbance of more than five contiguous acres until a reclamation plan and financial assurance mechanism for the exploration operation or […]
27-1222. Surface disturbances created by existing exploration operation or aggregate mining unit; extension; continuing operations A. An owner or operator of an existing exploration operation or existing aggregate mining unit with surface disturbances of more than five contiguous acres shall submit a reclamation plan to the state mine inspector on or before January 1, 2007. […]
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 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 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 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 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 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 […]
27-1229. Notice of plan or substantial change; new exploration operations; new aggregate mining units A. The state mine inspector shall schedule and conduct a public meeting on a proposed reclamation plan for a new exploration operation or new aggregate mining unit or substantial change to an approved reclamation plan within forty-five days after receiving a […]
27-1230. Notice of plan for existing exploration operations and existing aggregate mining units A. The inspector shall give notice of a proposed reclamation plan for an existing exploration operation or an existing aggregate mining unit. The notice shall be: 1. Filed with the secretary of state. 2. Sent by first class mail to cities and […]
27-1231. Public disclosure of information; definition A. The state mine inspector shall make available to the public any records, reports or information obtained or prepared by the inspector, unless a notice accompanying the information or any part of the information states that the information is a trade secret or is otherwise confidential to the party’s […]
27-1232. Coordination with other governmental agencies A. The state mine inspector shall coordinate the review and approval of reclamation plans with the state land department, the United States bureau of land management, the United States forest service and other agencies that own and manage public lands on which exploration operations or aggregate mining facilities are […]
27-1233. Fees; plan submissions; substantial changes; aggregate mining reclamation fund A. The state mine inspector may establish by rule a fee to be collected from the owner or operator of each exploration operation and aggregate mining unit at the time the owner or operator submits a plan under article 3 or 4 of this chapter […]
27-1234. Plan review and evaluation by private consultants A. Subject to section 38-503 and other applicable statutes and rules, the state mine inspector may contract with a private consultant for the purpose of assisting the inspector in reviewing reclamation plans that are submitted under this chapter to determine whether the plans meet the criteria and […]
27-1235. Appeals A person may appeal a state mine inspector action taken pursuant to this chapter as provided in title 41, chapter 6, article 10.
27-1236. Licensing time frames Title 41, chapter 6, article 7.1 applies to this chapter.
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 […]
27-921. Surface disturbances created by new exploration operation or mining unit Beginning April 1, 1997, an owner or operator of a new exploration operation or new mining unit shall not create a surface disturbance of more than five contiguous acres until a reclamation plan and financial assurance mechanism for the exploration operation or mining unit […]
27-922. Surface disturbances created by existing exploration operation or mining unit; extension; continuing operations A. An owner or operator of an existing exploration operation or existing mining unit with surface disturbances of more than five contiguous acres shall submit a reclamation plan to the state mine inspector by April 1, 1997. B. An owner or […]
27-923. Creating surface disturbances of five acres or less A. Nothing in this chapter shall prevent an owner or operator of an exploration operation or mining unit from creating a surface disturbance of five contiguous acres or less. B. From and after December 31, 1996, the state mine inspector may require either or both of […]
